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09/17/1985 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAR, MINNESOTA CITY HALL SEPTEMBER 17, 1985 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:40 - DEPARTMENT READ BUSINESS A. Fire Department p•/. C. Parks & Recreation Department B. Police Department p.14D. Public Works Department IV. 6:50 - CONSENT AGENDA p -22-A. Proclamation for Kinship Week P•a o B. Contractor Licenses C. Project 447, Receive Report/Order Public Hearing (Yankee Doodle Road - TH 13 to Federal Drive) p.ay D. Project 418R, Receive Final Assessment Roll/Order Public Hearing (Golden Meadow.Road) F -AS E. Contract 84-10, Approve Change Order #2 (Silver Bell Road) j P,aip F. Bid Award/Installation of Lighting for Goat Hill and Ridgecliff Parks - Project 85-24 1..14 G. Approval of Plans & Specifications for Parking Lots at Rahn & Ridgecliff Parks - Project 85-25 P.16 H. Bid Award for a Brush Chipper/Parks Department P.ai I. Contract 84-15, Final Payment/Acceptance (Sun Cliff 2nd Addition Utility & Street Improvements( p.a9 J. Final Plat Approval - Blackhawk Glen Addition (Sienna Corp.) P.3.0 K. Vacate Utility & Right -of -Way Easements, Receive Petition/Order Public Hearing (Blackhawk Glen) p.31 L. Excavation Permit #30-185, Cinnamon Ridge 4th & 5th Additions V. 6:55 - SPECIAL ASSESSMENT COMMITTEE RECOMMENDATIONS 1P.3a.A. Project 411, Birch Park/Patrick Eagan Park - Trunk Storm Sewer p.&6 B. Minutes of August 1, 1985, Meeting (Project 417 - Deerwood Drive, and Other Miscellaneous) VI. 7:00 - PUBLIC HEARINGS P.79 A. Vacation of Drainage & Utility Easements (Meadowland Addition) �f g(B. Project 348, Final Assessment Hearing (Coachman/Four Oaks Road - T Streets & Sidewalks) p•Q3 C. Project 371B, Final Assessment Hearing (South Coachman Road - Streets) p.45 D. Project 398, Final Assessment Hearing (Sun Cliff 2nd Addition - Streets & Utilities) p.T-JE. Project 399, Final Assessment Hearing (Silver Bell Road - Streets) Q i F. Project 400, Final Assessment Hearing (Oak Cliff Pond Addition Trunk Storm Sewer) PUBLIC HEARINGS (continued) -91 G. Project 404, Final Assessment Hearing (Lexington Place South & Lexington Place 2nd Addition - Utilities) 1D. Cr(p H. Project 410, Final Assessment Hearing (Lone Oak Road - Trunk Storm Sewer Outlet) p -q ? I. Project 411, Final Assessment Hearing (Birch Park Addition & Patrick Eagan Park - Trunk Storm Sewer Outlet) Q.IDD J. Project 415, Final Assessment Hearing (Cedar Cliff Commercial Park - Streets & Utilities) p.10A,K. Proposed 1986 General Government Budget VII. BRA 1.103 A. Consideration of Tax Increment Financing (Interest Rate Reduction Program) for Wescott Hills Fourth Addition Housing Project (John C. Houston & Darrel E. Gonyea - Continued from September 3, 1985, meeting) vim OLD BUSINESS Q A. Consider Recommendation of HRA and Set Public Hearing to Consider Tax Increment Financing (Interest Rate Reduction Program) for Wescott Hills Fourth Addition Housing Project/John C. Houston & Darrel E. Gonyea (Continued from September 3, 1985, meeting) p. (p B. Rezoning from Agricultural to a Planned Development and Preli- minary Plat for Lemay Lake Hills (Al Kempf/Martin Shields Consisting of Approximately 13.69 Acres Containing 8 Single - Family Lots & 40 Apartment Units. Located in Part of the NW 1/4 of Section 10, North of Towerview Road (continued from September 3, 1985, meeting) I%. NEW BUSINESS n.(4Z) A. Special Permit for Dadco Diversified to Allow an Outside T Freezer, Sibley Terminal Industrial Park, Block 2, Lots 2 & 3, Located in Section 8, 3248 Terminal Drive P -!4q B. Special Permit for Sunshine Construction to Allow a Temporary Advertising Sign Located in the SW 1/4 of Section 22, East of Pilot Knob Road, South of Deerwood Drive ID. Igf C. Tilsen Homes for a 5' and 10' Variance for a Corner Lot in Wilderness Run 6th Addition, Lot 1,'Block 1, Located at East Balsam Trail and Carlson Lake Lane 10.Ij3 D. Gene Bassett Realty, Request for a Modification to the 100% Handicapped Occupancy Requirement for the Eagles Nest Project. X. ADDITIONAL TTEILS I(0b A. Contract 85-23, Receive Bids/Award Contract (Pine Ridge Drive and Group W - Street Improvements) ZI. VISITORS TO BE HEARD (for those persons not on the agenda) III. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 12, 1985 SUBJECT: AGENDA INFORMATION After approval of the September 3, 1985, regular City Council minutes, special minutes for the August 27, 1985, special meeting, the minutes of a meeting of the Eagan HRA and the agenda for the September 17, 1985, City Council meeting, the following items are in order for consideration: A. FIRE DEPARTMENT There are no items to be considered under Fire Department at this time. B. POLICE DEPARTMENT There are no items to be considered under Police Department at this time. C. PARKS & RECREATION DEPARTMENT There are three (3) items requiring review, discussion and action as presented by the Advisory Parks & Recreation Commission: 1. Park Acquisition of the Mueller Site -- The Parks & Recreation Advisory Commission is recommending that the City Council authorize • a joint acquisition with ISD #196 for 30 acres of property, known as the Mueller site, located on Wescott Road. ISD #196 would acquire approximately 20 acres for an elementary school while the City would acquire for future development approximately 10 acres as a park site. For additional information on this item refer to a memorandum from the Director of Parks & Recreation enclosed on pages Z through �. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authoriza- tion to proceed with acquisition of the Mueller site with ISD #196. MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: SEPTEMBER 11, 1985 RE: JOINT SCHOOL/CITY PARK PURCHASE — MUELLER PROPERTY BACKGROUND: School District 196 has a tentative purchase agreement for 30 acres of the Mueller property on Wescott Road immediately adjacent to the north/south Northern States Power utility easement. This site has been selected for a future elementary school. Its general vicinity has also been designated as a future neighborhood park in both the City's Comprehensive Guide Plan and Park • Systems Plan. Joint acquisition of this site of which ten acres of the 30 acre parcel would be designated for park purpose has been reviewed with the School District. This item was presented to the Advisory Parks & Recreation Commission on September 5 with the Commission making recommendation to the City Council to acquire this site. (Attached please find a memorandum to the Advisory Commission dated September 4, 1985). . PARKISCHOOL DESIGN CONSIDERATIONS: As stated in the Analysis Section in the attached memorandum to the Advisory Commission, staff emphasized with the architect from the School District the joint acquisition must include the following provisions for the park: Access to the park via pedestrian and vehicular traffic, a shared parking lot for park and school usage and sufficient space in the park for a soccer field and softball/baseball field. In addition, space for development of a joint • playground and equipment area incorporating hard surface games for both City and school usage. As depicted on the attachment, the District architects have met these requirements within the 10—acre park site. This is a preliminary site plan and subject to change once final plans are prepared for a future school, there are other concerns relative to joint park and school usage which need to be addressed. As it relates to this specific plan, staff would recommend there be an extended north/south trail along the west side of the entrance road and parking lot. This would connect to the future trail along Wescott Road. This trail linkage would provide access for walkers to both the park and school. Preliminary grading plans indicate a 1% cross slope on the soccer field which �. would have to be revised to provide for more positive drainage. Since the entire site and grading plan is very preliminary, as is the parks plan, department staff will prepare a completed park plan at the time of park construction. The third adjustment to the park plan would include the proposed softball/baseball field be placed slightly to the north at a higher elevation to reduce grading cost and to create an area for play equipment/hard surface games closer to the school building. COMMISSION'S RECOMMENDATIONS: The Advisory Parks & Recreation Commission concurred with department staff's review and analysis of the proposal. Commission recommended to the City Council that it acquire the ten acres of park property as depicted in the sketch plan. In addition, Commission recommended that the acquisition cost come from the Park Site Acquisition and Development Fund. The Commission continued its recommendation to the City Council by suggesting that the City needs to develop plans to finance construction ofthe park concurrently with future school development. As part of a development project, Commission hopes to seek an agreement with the School District via a joint powers pact which would include trails development, play equipment and hard surface areas, joint usage of the property and assurances that the City's Parks Planner/Landscape Architect prepare the Parks Master Plan. KV/js • • k MEMO TO: ADVISORY PARKS & RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: SEPTEMBER 4, 1985 RE: JOINT SCHOOL/CITY PURCHASE — SCHOOL PARK LOCATION BACKGROUND• The Advisory Parks & Recreation Commission has previously discussed the purchase of 30 acres with School District 196 for a school/park location. This parcel will be located in Park Service Section. 014 with the 30 acre -parcel on Wescott Road immediately east of the north/south Northern. States Power easement. • The architectural firm of Hammel, Green & Associates employed by School District 196 has done a sketch plan for the site. This plan depicts the probable building location., access road, adjacent facilities, and the ten acres (as outlined by the heavy dark dash line) designated for parks purposes. ANALYSIS: In a staff meeting with the architects from Hamel, Green & Associates, it was a staff requirement that the parks area be able to provide for a soccer field �I and softball/baseball field. In addition, access to the park via vehicle and pedestrian traffic was essential. A shared parking lot was also a requirement. Although not depicted on the sketch plan, the requirement included a joint playground area for play equipment and hard surface games. As can be noted, the architect has indeed shown these requirements. Sufficient green space in the northwest corner of the site will provide a • passive element to the park. It appears that trails will work effectively through the park/school acting as a connection to the west and south. The City's overall Comprehensive Trails Plan indicates trails connections on Wescott Road and beneath the north/south NSP trail easement. AREAS OF CONCERN: Staff has done a preliminary review of the grading plan accompanying this sketch. While the grading plan is obviously preliminary and therefore, difficult to ascertain grading quantities, there remains some concern. It appears that there will be a significant amount of fill required to develop the ball field on park property. It is probable that when final plans are developed for the park by the City's Landscape Architect/Parks Planner this ball field will be shifted further to the north and raised to a higher elevation. This would reduce earth work quantities as well as provide space for the previously mentioned play area. The Advisory Commission had previously expressed concern relative to the timing and development of this site. From the information available to us at this time, it is staff's opinion that this site, for parks purposes, will not have to be developed for at least four more years. While this is always subject to change based on growth and development, the current agenda for park development and park priority would continue to place this in a four—to—five ;year timeframe. If at that time development of the park site were to precede the school site, development would be difficult to accomplish. However, in all probability it is likely that development of the school would precede that of the park. The current school enrollment within District 196 and particularly Eagan is growing at such a rapid pace that the construction of a fourth elementary school within Eagan/196 is very likely. Therefore, the City should continue to monitor the School District's plans carefully and closely in order that it can be able to fund construction of this park on a timely basis. OTHER CONCERNS: The Commission had previously questioned what would happen if the school site were not developed. Inasmuch as the City has previously sought park property at this location, the need for a park remains regardless of whether there is a school or not. If the scenario develops that the school is never built and the property is ultimately sold to a developer, the City would retain control in that development of the park would eventually have to have plat approval by the City. Such approval would obviously require that the developer provide street access to the park. FUNDING: • The cost for this park property will be $9,000 per acre which includes assessments. The City would be purchasing ten acres of property for a total cost.of $90,000. Staff is recommending that this funding be taken from the Park Site acquisition and Development Fund. SUMMATION & RECOMMENDATIONS: The sketch plan developed by the architect generally represents and meets the needs for the parks including access, facilities, and with some modification, pedestrian circulation. Further work will be done by the City's Parks Planner/Landscape Architect at the time -of development of the park to revise grading plans to insure completeness. The studying of other park amenities including play equipment and hard court surface areas needs to be done at time of final school/park design, but appears to be workable with the shifting of • the baseball field on park property to the north. .It would be appropriate for the Commission to consider a recommendation to the City Council which would include the City acquiring ten acres of park property as depicted in the sketch plan developed by the School District at a total -cost of $90,000. Second, that the City develop plans to finance construction of the park concurrently with school development. Third, that the City reach an agreement with the School District or develop a Joint Powers pact for the site which would address 1) trails development, 2) play equipment and hard surface areas, 3) the joint development, i.e. grading of the site and 4) City/school usage of the property, 5) that the Parks Planner/Landscape Architect prepare a park plan based on the depiction of the parks property for future considerations. Staff will provide additional information and specifics regarding the site at the meeting. Respecttu4y submitted. Dire'tOr arks & Recreation KV/js • mono - l �✓ �, � ..,,� . -1 C S _:. 1•- •/.•'/o ♦� i -_Popo-- - - � /• .• I,I 1 I S OI _2 a Ic ark it Zlry _ ..:888-- - �v soFrsnLL ... �f • to eLE' ^I Fr5,ALL, of 01 sb!- '__ ll � � � 1 _ , _ � �. -_�♦ _i _- ,.GONG �I_ lb so k 1 1 i busNe =•v'_ ♦♦ .vee � � _i. ,, \ - ZL\ ale LE FcUT�_URE ':E NIEN ARY..F0R -ISD 19E - I ... s c a • • Agenda Information Memo September 17, 1985 City Council Meeting Page Two 2. Proposed Athletic Site Purchase -- The Advisory Parks & Recreation Commission is recommending acquisition of 40 acres for a future athletic site within the 65 acres owned by members of the George Ohman, Sr., family. For additional information, refer to the attached memorandum found on page ACTION TO BE CONSIDERED ON THIS ITEM: 1) Approve or deny authoriza- tion to negotiate acquisition of 40 acres for an athletic site within the property owned by Ohmans and 2) to approve or deny retaining Mr. Martin DesLaurier, a real estate broker, to negotiate the purchase on behalf of the City. 01 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION v DATE: SEPTEMBER 6, 1985 RE: PROPOSED ATHLETIC SITE PURCHASE At the Advisory Parks & Recreation Committee meeting of September 5, 1985, the Advisory Commission reviewed sites for purchase of a future athletic site. Numerous alternatives were presented to the Commission concerning size, layouts, probable purchase costs, etc. After nearly an hour and a half of discussion and exploration of the issues, the Advisory Commission has recommended to the City Council that staff be authorized to proceed with • negotiations to purchase property identified as the Ohmans on Pilot Knob Road south of Cliff. Commission recommended that staff try to secure up to 40 acres for this athletic site. Based on estimated acquisition cost, it would exceed that which is in the parks bond fund. Therefore, Commission has indicated its willingness to fund the balance of the acquisition from the Park Site Fund. Commission also recommended that staff secure the services of an agent to act on behalf of the City to negotiate this purchase. Mr. Martin DesLauriers, former Eagan Police Chief and now a Real Estate Agent for Dakota, Eagan Realty is one of two agents willing to act on behalf of the City. It was a consensus of the Commission that Mr. DesLauriers be hired to negotiate this purchase because he is familiar with the City and his stature in the community and particularly the family members who are in ownership of this parcel. I would be happy to make a presentation to the City Council regarding the • various alternatives, cost per acre and range of possible siting of the property within the 65 acres owned by the Ohmans if so desired. FOR COUNCIL CONSIDERATION: City Council is asked to approve the Advisory Parks & Recreation Commission's recommendation to proceed with the hiring of an agent to act on behalf of the City to negotiate the acquisition of 40 acres for an athletic site within the property owned by Ohmans. Respectfully submitted, Director of Parks & Recreation KV/js Agenda Information Memo September 17, 1985 City Council Meeting Page Three 3) 5 -Year Capital Improvement Program for Bicycle Trails -- The Advisory Parks & Recreation Commission is recommending review and adoption of Dakota County's five-year capital improvement program for bicycle trails from 1986 through 1990. For additional information, refer to a memorandum prepared by the Director of Parks & Recreation which summarizes the five-year bicycle trail plan as proposed by the County. Also addressed in that memorandum are review comments by the Commission. This memorandum is enclosed on pages // through ACTION TO BE CONSIDERED ON THIS ITEM: To review and adopt Advisory Parks & Recreation Commission recommendations to the Dakota • County five-year capital improvement program for bicycle trails in the years 1986 through 1990. • 16 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION r DATE: SEPTEMBER 10, 1985 RE: DAKOTA COUNTY 5 -YEAR BIKEWAY TRAILS PLAN BACKGROUND• Dakota County is upgrading its five-year Capital Improvement Program for bicycle trails from 1986 through 1990. The County has asked for review and comments from cities affected by this plan. The Advisory Parks & Recreation Commission reviewed the five year C.I.P. at its September 5th Commission meeting and has made a recommendation to the City Council. • BIKEWAY CAPITAL IMPROVEMENTS PROPOSED FOR EAGAN: 1986 - Lone Oak Road from Pilot Knob to Eagandale - an off road trail. Nicols Road from Cliff Road to Beau D'Rue on the east side. EXPLANATION• The segment proposed on Lone Oak from Eagandale to Pilot Knob would complete the trail length from Pilot Knob east to Lexington Avenue. The segment on Nicols Road would be timed with the turnback of Nicols to the City for road reconstruction and could be done simultaneously. 1987 - Pilot Knob Road from I -35E to Cliff Road, east side. EXPLANATION• This trail length would be an extension of the existing trail north of Yankee Doodle. Construction would be simultaneous with the upgrading and reconstruction of Pilot Knob Road. 1988 - Cliff Road from Lexington Avenue to Highway 113, south side. EXPLANATION: The proposed C.I.P, improvement is to install an off road trail within Dakota County Regional Park for the purpose of providing access to the park and particularly Schultz Beach. The proposed funding for this trail length is from a proposed grant through the State of Minnesota Bikeway Program rather than as a budget request. 1989- Cliff Road from Johnny Cake to Pilot Knob Road, south side. EXPLANATION• Trail construction would be done in conjunction with the widening and upgrading of Cliff Road currently proposed to be in 1989. This trail length would complete the bituminous trail from Pilot Knob to Burnsville/Eagan border. 1990 — Pilot Knob Road from Cliff south to County Road 1138 in Apple Valley. Cliff Road from Pilot Knob Road east to Lexington Avenue. EXPLANATION• The trail length on Pilot Knob Road south to Apple Valley would be concurrent with proposed street upgrading of Pilot Knob Road. Cliff Road from Pilot Knob to Lexington would also be done at this time in conjunction with the upgrading of the intersection of Pilot Knob and Cliff Road. This would provide a continuous length on Cliff Road from Nicols to Highway 113. Council members will note that the proposed trail link on Yankee Doodle Road is not being proposed in this five—year timeframe. It is understood the 1985 County budget does include funding for the trail link west of Pilot Knob on Yankee Doodle. This work is to be done simultaneously with the upgrading of this County road. ADVISORY CONMISSION REVIEW: The Parks & Recreation Commission appreciated the opportunity to comment on • the Dakota County long range bicycle way plan. The Commission is very supportive of the bikeways and trails system which is reinforced by the users of existing trails within the City of Eagan. The Commission concurs with the relative ranking and priorities of trails as shown in the County C.I.P. with the following additions and comments: 1. That the County Bicycle Trails Plan should include Yankee Doodle east of I -35E to Lexington Avenue. 2. Lexington Avenue from Yankee Doodle south to approximately one—quarter mile north of Diffley should be shown as part of the trails plan and included under a 1988 C.I.P. request. 3. The trail segment from Pilot Knob to Lexington proposed for 1990 construction be included in 1988 with the proposed trail link from • Lexington east to Highway U3 on Cliff Road. 4. That the Dakota County Trails Plan be upgraded to show a bicycle trail link on Yankee Doodle east from Lexington Avenue to Highway 113. This would not be considered at this time within the five—year plan. Commission rationale for these recommendations, particularly the extension of the trail on Yankee Doodle to Lexington and the trail on Lexington to Yankee Doodle south to Diffley, (not shown on the Dakota County Trails Plan) should be built because of the rapid rate of development and growth within this area of the City. In particular, the Commission pointed to the development of the 170 acres known as "Town Centre" in this vicinity. Further, the City's Comprehensive Trails Plan has long indicated trails in this segment, although not recognized by Dakota County. The Commission recommended that Lexington include trails south of Wescott as a means of linking the southern residential areas to Wescott and hence, to the Dakota County Library and City Center. /ti Finally, the Commission recommended that the link between Pilot Knob Road and Lexington on Cliff be constructed simultaneously with the proposed construction of the trail east of Lexington to Highway #3. The Commission reasoned that this construction should be done simultaneously to complete the link from Pilot Knob Road to provide better, safer access for more people. Attached to this memorandum are graphic depictions showing the proposed C.I.P. trails construction program within Eagan. Also enclosed is a copy of the City's Comprenesive Trails Plan as prepared for the 1983 Park Systems Plan. Should members of the Council have any questions regarding this item, staff will be present at the City Council meeting on September 17 to answer any questions. KV/js • Attach. • 73 PROPOSED COUNTY TRAIL IMPLEMENTION PLAN IL ot EXISTING CITY ,TRAILS goo•••• I 07000 PROPOSED COUNTY TRAILS M�M Yankee 1988 Wy • 1 y, • i / 1 o tl ¢ m I1 > 0 .• ••• ••••• a ' � e•••({/i• I/ ro a•u•g a •••u• co 1 1 / 1987 .. 00 • • • ••� Dif flay Road 19 • �f 4b i i I • o 1988 1- i .............• y.: ...•.........'.' • ................. • e// o / .. Wilderness• ioa ,. 1 Q• .1 • Run • Ilb 1 • i •..� •••••••••••rye•• goes* M1eRid• �omay��v��v®sa�v •a®� 1989 1 1990 1988 �i • • • • • •� I go L.1144 .. ..w.:..a. COUNTY TRAIL PLAN ........... ....... 1986 1987 1989 •.�............• 1888 Lone Q0. 1990 c Hwy 1 r m / o V Yankee Doodle Roaq ,/• i i/ /•r / /I m 11 - Il o f Q II II O e II Y // O i $if Diffley Road a h o i Q 0 by. w...iiiifloiiw. y! - i Hwy 55 I v 0 D WJRun I Agenda Information Memo September 17, 1985 City Council Meeting Page Four D. PUBLIC WORKS DEPARTMENT 1. Snow Removal Parking Ban -- The Mayor wanted to have a review performed of the existing parking ban that was implemented by Council action in the fall of 1984 to facilitate snow removal operations. Enclosed on page 17 is a copy of the present ordinance which identifies the parking restrictions during the City's snow removal season. Enclosed on page /,�' is an article that was published in the Eagan Chronicle informing the public / of the new parking ordinance. Enclosed on page � is a copy of the warning that was distributed on all vehicles in violation of this ordinance prior to the season's first snow fall. • The Public Works Director will be able to provide additional background information relating to the affect of the ordinance last year and reasons for maintaining this current ordinance for future snow removal seasons. • ACTION TO BE CONSIDERED ON THIS ITEM: Reinforce/amend existing snow removal parking ban ordinance. 1( ORDINANCE NO. , 2nd Series AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 9, ENTITLED "PARKING REGULATIONS" BY ADDING PROVISIONS RELATING TO C WINTER SEASON PARKING WITHIN THE CITY: AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 9, Section 9.09, entitled "Snow Emergency" is hereby replaced by the following: Section 9.09. WINTER SEASON PARKING. Subd. 1. The winter season in which the following parking restrictions are applicable is hereby defined as beginning on November 15 of each year and continuing through April 15 of the following year. • Subd. 2. Parking Prohibitions. parM.t�'r.� cw17 (A). On odd -numbered days parking shall be $rehl4l ed on that side of the street with odd -numbered addresses for a period of twelve (12) hours beginning at 6:00 a.m. and continuing until 6:00 p.m. (B) On even -numbered days parking shall be preHibibed on that side of the street with even -numbered addresses for a period of twelve (12) hours beginning at 6:00 a.m, and continuing until 6:00 p.m. Subd. 3. Impounding and Removing Vehicles. If any vehicle is parked, abandoned, or left standing in violation of the terms of this ordinance, the vehicle may be moved by this municipality in • accordance with the terms of Section 9.12 of this Code entitled "Impounding and Removing Vehicles". Section 2. Eagan Code, Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled "Violations as a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. Section 3. Effective date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Adopted: /0-340 -Sy Date Ordinance Published in the legal newspaper: /7 EAGAN a Current newspaper SECTION A Monday, Nov. 5, 1984 Vol. 5, No. 45 Bringing you the news of the people, the neighborhoods and business of Eagan Parking 11 signs posted by Tim O'Donnell The signs of winter are popping up all over Eagan. No, they're not flooding skating rinks. No, snow throwers are still in their starting gates. The signs are real — metal and painted black and red — and they explain where you can and cannotpark your car this winter. The winter parking regula- tions are in effect from 6 a.m. to 6 p.m. each day from Nov. 15 to April 15. During those times, you can park on the odd - numbered side of the street on an odd -numbered calen- dar day. And you can park on an even -numbered side of the street on an even -numbered calendar day. Let's say you live at 621 X. posted throughout the city. Eagan Ave. When the winter even day and even side. parking regulations begin The reason for the parking Nov. 15, don't worry, you can ordinance is that it will help still park in front of your make for easier snow house. But leave a little room removal. for the neighbor across the 'PARKING w street in house. No. 624 ing regulations? Well, they a contain a paragraph that - NOV 15 TO APRIL 15 The next day, Nov. 16, 6AMTO6PM you'll both have to park in PARKING front of 624 Eagan Ave. — 000 OAYS IEYEN ODD SIDE EYEN SIDDAYSE �y .t Signs outlining Eagan's winter parking ordinance are posted throughout the city. Eagan Ave. When the winter even day and even side. parking regulations begin The reason for the parking Nov. 15, don't worry, you can ordinance is that it will help still park in front of your make for easier snow house. But leave a little room removal. for the neighbor across the And if you ignore the park - street in house. No. 624 ing regulations? Well, they because he'll have to park on contain a paragraph that your side of the street.. says the city may impound The next day, Nov. 16, and remove your car. you'll both have to park in Happy winter! front of 624 Eagan Ave. — OF • • Bar 3830 Pilot Knob Road Eagan. Minnesota 66172 police department JAY Y. BEBTHE O�/Mlae MTHICK 1 GEAGAN AYYYVIp.(yy. KENNETH 0. ABZ K W A R N I N G YOUR VEHICLE IS IN VIOLATION Effective November 15th until April 15th, Eagan City Code, entitled "Snow Emergency" is amended as follows: On odd -numbered days, parking shall be permitted only on that side of the street with odd -numbered addresses for a period of twelve (12) hours beginning at 6:00 A.M. and continuing until 6:00 P.M. On even -numbered days, parking shall be permitted only on that side of the street with even -numbered addresses for a period of twelve (12) hours beginning at 6:00 A.M. and continuing until 6:00 P.M. Parking is permitted on either side of the street from 6:00 P.M. to 6:00 A.M. unless otherwise posted. THIS IS TO WARN YOU THAT VEHICLES PARKED IN VIOLATION OF THE ABOVE WILL BE TAGGED AND/OR TOWED. Thank you for your coop ion. J M. Berthe C i f of Police Ci y of Eagan Iq THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information September 17, 1985 Page Five Memo City Council Meeting There are twelve (12) items on the agenda referred to as Consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. The Director of Parks & Recreation will be present if the Council has any questions regarding Items F, G and H on the Consent Agenda. • CONTRACTOR LICENSE • A. Contractor License -- Enclosed on page Z/ is a list of contractors who are renewing or who have been selected and retained as the builder by a customer either living in or planning to reside in Eagan.. These contractors have references from other municipalities or their client permit applications are awaiting City Council approval for a contractor license. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of contractor license as presented. 0 101- 1. C[IRTIS HOMES, INC. 2. HEAVER DESIGN & CONSTRUCTION, INC. 3. PCQUEITE & SONS, INC. 4. TERRY E. STOVER 5. HARVEY HQ4ES, INC. • HEATING & VENTILATING: 1. CHEYENNE PLU4BING & HEATING, INC. Rol-iur �: 2. WELTER & BLAY=, INC. 2/ Agenda Information Memo September 17, 1985 City Council Meeting Page Six PROCLAMATION FOR KINSHIP WEEK B. Proclamation for Kinship Week -- The City was contacted by Kids -'n -Kinship of Burnsville requesting that the City of Eagan proclaim September 22 - 29 as National Kinship Week to help promote the volunteer friendship program for children needing stable adult companionship. Kids -'n -Kinship serves the youth of Apple Valley, Burnsville, Eagan, Farmington, Lakeville and Rosemount. Enclosed on page 7-3 is a copy of a brochure that explains the kinship program. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize Mayor Blomquist • to proclaim September 22 - 29 as Minnesota Kinship Week. • 2Z THE INGREDIENTS OF KINSHIP Kinship is a preventative program., The goals and objectives are to provide the friendship and 'A. guidance a child needs to avoid serious problems in the future. i II It is important for these children KINDNESS AND UNDERSTANDING to be exposed to different environments and to give them a 11 chance to do some of the things 1. they are unable to do.because of their present situation. q. MYROVING THE ADULT -CHILD is kinship What RELATIONSHIP Kinship is a friendship lil, program for children $ to 16 years of age who have a need for stable adult companionship. EVER LETTING A CHILD Where are the children from DOWN The children are referred,'to us by professional people in our area such as counselors,, teachers, publ c1health nurses, caspworkdrIs, k -and mothers who realize their .'I t RARING A'LITTLE OF YOUR, children need this helpll�':..'The TIME AND LOVE areas 'served are Apple Valley,' Burnsville, Eagan, Farmingto Lakeville, land Rosemount., W iq involved d as volunteer" AVING FUN WITH YOUR Single men and women, couples, CHILI) It I 1 11 and families who have an interest 1i in working with children.�-O,I� It' " Wha is extected of a volunteer k To accept the child as he is, NICRiASI�G A CHILD'S I I , I I I I be his Special Friend",'and el' SELF7,CONFIDENCE dll't maintain a once a week' contact with him... preferably for at 11,10 1 1 1 I I , I least a, year' s time. It I ROVIDING STABLE T COMPANIONSHIP KINSHIP IS FUN AND REWARDING 11 I k" -k THE INGREDIENTS OF KINSHIP Kinship is a preventative program., The goals and objectives are to provide the friendship and 'A. guidance a child needs to avoid serious problems in the future. i II It is important for these children KINDNESS AND UNDERSTANDING to be exposed to different environments and to give them a 11 chance to do some of the things 1. they are unable to do.because of their present situation. q. MYROVING THE ADULT -CHILD is kinship What RELATIONSHIP Kinship is a friendship lil, program for children $ to 16 years of age who have a need for stable adult companionship. EVER LETTING A CHILD Where are the children from DOWN The children are referred,'to us by professional people in our area such as counselors,, teachers, publ c1health nurses, caspworkdrIs, k -and mothers who realize their .'I t RARING A'LITTLE OF YOUR, children need this helpll�':..'The TIME AND LOVE areas 'served are Apple Valley,' Burnsville, Eagan, Farmingto Lakeville, land Rosemount., W iq involved d as volunteer" AVING FUN WITH YOUR Single men and women, couples, CHILI) It I 1 11 and families who have an interest 1i in working with children.�-O,I� It' " Wha is extected of a volunteer k To accept the child as he is, NICRiASI�G A CHILD'S I I , I I I I be his Special Friend",'and el' SELF7,CONFIDENCE dll't maintain a once a week' contact with him... preferably for at 11,10 1 1 1 I I , I least a, year' s time. It I ROVIDING STABLE T COMPANIONSHIP KINSHIP IS FUN AND REWARDING 11 I k" Agenda Information Memo September 17, 1985 City Council Meeting Page Seven PROJECT 447/YANKEE DOODLE ROAD C. Project 447, Receive Report/Order Public Hearing (Yankee Doodle Road - T.H. 13 to Federal Drive) --In response to the Dakota County Highway Department's schedule for upgrading this segment of Yankee Doodle Road, the Council authorized the preparation of a feasibility report for formal presentation and discussion at a public hearing which would be necessary to finance the City's _obligation of this street, storm sewer and sidewalk improvement. This report has now been completed and is being presented to the Council for their information and consideration of scheduling a formal public hearing. It is the staff's intention to hold • an informal neighborhood meeting to present the details of this report prior to the formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 447 (Yankee Doodle Road - T.H. 13 to Federal Drive) and order the public hearing to be held on October 15, 1985. PROJECT 418R/GOLDEN MEADOW ROAD D. Project 418R, Receive Final Assessment Roll/Order Public Hearing (Golden Meadow Road - Streets & Utilities) --Installation of the public improvements proposed under Project 418R (Golden Meadow Road - Streets and Utilities) have now been completed, all costs tabulated and the final assessment roll prepared for presentation to the Council for consideration of scheduling a • formal, final assessment public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess- ment roll for Project 418R (Golden Meadow Road - streets and utilities) and schedule the final assessment public hearing to be held on October 15, 1985. Agenda Information Memo September 17, 1985 City Council Meeting Page Eight APPROVE CHANGE ORDER #2/SILVER BELL ROAD) E. Contract 84-10, Approve Change Order #2 (Silver Bell Road) —During the finalization of this project, it was determined that the intersection of Silver Bell Road and Beau de' Rue Drive had to have the new surface removed and replaced due to premature deterioration being identified. Through discussions and negotiations with the contractor, it was determined that 508 of this cost would be the contractor's responsibility under the warranty contract and the other 508 would be the City's responsibility due to the weather and working conditions during which the contractor was forced to perform this work. The Public • Works Director is recommending the Council approve this change order which reflects the City's 508 liability. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 84-10 (Silver Bell Road) in the amount of $1,762.68 and authorize the Mayor and City Clerk to execute all related documents. • Agenda Information Memo September 17, 1985 City Council Meeting Page Nine BID AWARD/LIGHTING INSTALLATION/GOAT HILL & RIDGECLIFF PARK F. Bid Award/Installation of Lighting for Goat Hill and Ridgecliff Parks Project 85-24 -- The City is scheduled to receive bids on Monday, September 16, for Project 85-24 which provides materials and installation of athletic lights for Goat Hill and Ridgecliff parks. These bids will be tabulated on Monday and presented as an addendum to the agenda information packet with the Administra- tive packet on Monday for your consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the most favorable bid for athletic lighting materials and installation at Goat • Hill and Ridgecliff Parks referenced as Project 85-24. • PLANS & SPECIFICATIONS FOR PROJECT 85-25 G. Approval of Plans and Specifications for Parking Lots at Rahn and Ridgecliff Parks - Project 85-25 -- Plans and specifica- tions were completed for the installation of parking lots at II Rahn and Ridgecliff parks. The construction will be performed under Improvement Project No. 85-25 and is funded from the Parks Bond Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifi- cations for installation of parking lots at Rahn and Ridgecliff parks under Project 85-25. BID AWARD/BRUSH CHIPPER/PARK DEPARTMENT H. Bid Award for a Brush Chipper/Park Department -- The Parks & Recreation Department has requested quotations for a brush chipper. As a modification to the reforestation budget, the City Council approved $12,000 for the purchase of a portable chipper to be used primarily with the composting program. Quota- tions were received from three (3) manufacturers and the Department is recommending the purchase of Eeger Beaver Brush Chipper. This equipment is supplied by LaHas Manufacturing Equipment & Sales and the bid amount was $10,300. The other bidders were Road Machinery & Supply for a Foremost Brush Bandit at $11,843 and the third quotation from Vermeer Sales & Service for a Vermeer Brush Chipper at $11,466. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the low quotation in the amount of $10,300 for a brush chipper from LaHas Manufac- turing Equipment & Sales. 0 Agenda Information Memo September 17, 1985 City Council Meeting Page Ten FINAL PAYMENT/ACCEPTANCE/SUN CLIFF 2ND ADDN. I. Contract 84-15, Final Payment/Acceptance (Sun Cliff 2nd Addition - Utility & Street Improvements) -- We are in receipt of a request for final payment from the contractor, M and M Contracting for work done under City Contract 84-15, Project 398. Work performed under this contract consisted of utility and street improvements within the Sun Cliff 2nd Addition. Representatives of the Public Works Department and the consultant engineering firm performed all final inspections and verified the compliance of the work with the City approved plans and specifications. All is in order for Council to approve the final payment and accept the improvements for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment in the amount of $9,725 to M and M Contracting for Contract 84-15 (Sun Cliff 2nd Addition - utility and street improvements) and authorize the acceptance of these improvements for perpetual maintenance. -2-7 • • Agenda Information Memo September 17, 1985 City Council Meeting Page Eleven FINAL PLAT APPROVAL/BLACKHAWK GLEN J. Final Plat Approval/Blackhawk Glen (Sienna Corporation) --We have received an application for final plat approval for the Blackhawk Glen Addition located northeast of the Blackhawk Hills Addition. Enclosed on page is a copy of the proposed final plat which conforms with the p eliminary plat approved by Council action on April 16, 1985. All final plat application materials have been submitted and found to be in order for favorable consideration by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat • for the Blackhawk Glen Addition and authorize the Mayor and City Clerk to execute all related documents. • EXHIBIT "A" • Agenda Information Memo September 17, 1985 City Council Meeting Page Twelve VACATE UTILITY 8 RIGHT-OF-WAY EASEMENTS/BLACRHAWR GLEN R. Vacate Utility and Right -of -Way Easements, Receive Petition/Order Public Hearing (Blackhawk Glen)—We have received a petition to vacate a portion of Blackhawk Hills Road to accommodate the proposed final plat of the Blackhawk Glen Addition. The vacation of this portion of Blackhawk Hills Road was one of the conditions that were placed on the preliminary plat approval for the Blackhawk Glen Addition. ACTION TO BE CONSIDERED • vacating utility easements Hills Road adjacent to the public hearing to be held C: ON THIS ITEM: To receive and street right-of-way Blackhawk Glen Addition for October 15, 1985. 3(D the petition for Blackhawk and schedule a Agenda Information Memo September 17, 1985 City Council Meeting Page Thirteen APPROVE EXCAVATION PERMIT/CINNAMON RIDGE 5TH & 6TH ADDN. L. Approve Excavation Permit #30-185, Cinnamon Ridge 5th and 6th Addition -- We have received an application for a grading/ex- cavation permit for the Cinnamon Ridge 5th and 6th Addition. All application materials have been submitted, reviewed by staff and found to be in order for favorable consideration by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Permit 30-185 for the Cinnamon Ridge 5th requested by Zachman Homes, Inc. 3/ To approve Excavation and 6th Addition as • Agenda Information Memo September 17, 1985 City Council Meeting Page Fourteen • e3 W�• e PROJECT 411, BIRCH PARK/PATRICK EAGAN PARK (TRUNK STORM SEWER) A. Project 411, Birch Park/Patrick Eagan Park (Trunk Storm Sewer)- -On October 9, 1984, the Special Assessment Committee reviewed several objections and concerns pertaining to the proposed trunk area storm sewer assessment associated with Project 411 which provided for the trunk storm sewer outlet for several ponds in the Birch Park Addition and Patrick Eagan Park. The four property owners being reviewed are classified into two groups and identified as follows: A. Birch Park Addition - Trunk Storm Sewer Outlet • 1. George & Miriam Nall (Parcel #10-02200-040-27) B. Patrick Eagan Park - Trunk Storm Sewer Outlet 1. Anthony Caponi (Parcel #10-02200-010-80 & 84) 2. Thomas Rooney (Parcel #10-02200-012-86) 3. Thomas Bergin (Parcel #10-02200-011-85) A. BIRCH PARK ADDITION 1. George & Miriam Nall Enclosed on pages 3'1 through is a copy of the portion of the minutes of the Special Assessment Committee meeting from that _date indicating the Committee's recommendati n for Council consider- ation. Enclosed on pages - through is the information • that was submitted to the Special Assessment Committee for their review in making a recommendation for, Council consideration. As can be seen from the minutes pertaining to this item, the Special Assessment Committee recommended that this parcel be treated as a "large lot" and assessed according to that policy on the condition that the property owner enter into an agreement pertaining to future assessments relating to future development or transactions of the property. Enclosed on pagescr/pLand_Y6- is a copy of the agreement prepared by the City Attorney. for execution by George and Miriam Nall. Enclosed on page �o is a letter of response from Miriam Nall objecting to the agreement as prepared and request- ing special consideration. The final assessment hearing pertaining to this property is scheduled later in the agenda so it would be appropriate for the Council to receive the Committee's recommenda- tion and make a determination regarding the adequacy of the agree- ment required to be executed for consideration of the "large lot" policy. Due to the fact that this agreement has not been signed, the staff is obligated to prepare the final assessment in accor- dance with present policy in absence of an agreement. Subse- 372- Agenda Information September 17, 1985 Page Fifteen Memo City Council Meeting quently, the "large lot" credit was not applied for the final assessment roll being presented tonight. However, this amount could be adjusted based on Council review and action pertaining to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the special Assessment Committee recommendations pertaining to the trunk area storm sewer assessment to Parcel #10-02200-040-27 under Project 411 (Birch Park Addition - trunk storm sewer outlet) and reject/ approve modifications to the proposed final assessments based on specified conditions to be determined. 0 33 Assessment Minutes October 9, 1984 GEORGE & MIRIAM NALL - PROJECT #411 CPATRICK RAGAN TRUNK STORM SEWER The next item brought before the Committee dealt with the objections of Mr. and Mrs. George Nall regarding the large lot credit applied to the approximately 4 acre parcel owned by them on the east side of Pilot Knob Road, south of proposed Pilot Point Addition. Mr. Colbert stated the property is not homesteaded and that the large lot policy of the City covers parcels less than 5 acres in size providing for 16,000 square feet of assessment for each assessable acre. The Nalls requested to be included within the large lot • policy and also that the ponding area to the east of the property should not be assessed. Mariam Nall was present and explained the peculiar circumstances of the parcel. The staff recommended after reviewing topography configuration and proposed future development of the property, that it is highly unlikely that the 4 acre parcel would ever be subdivided and recommended that the parcel be classified as a large lot and given the appropriate credits. Egan moved, Vogt seconded the motion to accept the staff recommendations and recom- mend to the City Council that the large lot policy be adopted and that an agreement be entered into between the City and the Nalls, providing that in the event that the property is subdivided or developed in the future, that the { existing rates for the development zoned category, then be assessed against the property. Mrs. Nall indicated that she had no objection to the proposal. All members voted in favor. ANTHONY CAPONI, THOMAS ROONEY & THOMAS BERGIN - PROJECT #411 PATRICK RAGAN TRUNK STORM SEWER • Mr. Colbert introduced the subject and indicated that the three owners mentioned above who have objected to the assessments, own property south of Deerwood Drive and generally west of Patrick Eagan Park. He stated that generally the property lies within the major drainage district outletting to Patrick Eagan Park. Mr. Bergin indicated that he would not be able to be present at the meeting. The objections generally were that the property did not drain directly into Patrick Eagan Park Pond, but rather into the pond further south which was not having storm sewer improvements installed at the present time. Two lawsuits have been started, including that by Mr. Caponi and Mr. Rooney to enjoin the City from proceeding with the assessments. Project 0411 has been authorized by the City Council to be installed. Larry Nielson appeared for Mr. Caponi and Mr. Rooney and objected to the following: 1. The cost of the entire project is less than the amount of the proposed assessments. 2. The property is not benefited to the extent that it is being pro- posed to be assessed. Assessment Minutes '4 October 9, 1984 3. Hilltop Estates Addition to the west is not being assessed for the improvements. 4. The excess amount of money necessary to install the improvements should be paid from the general revenue fund. It was noted that the assessments are not necessarily commensurate with the cost of the project, but that the funds are taken from a general storm sewer trunk fund and eventually, land in the entire City will be assessed for storm sewer trunk purposes. Tony Caponi appeared and stated that there was not adequate benefit and suggested additional ponding of water in JP -8 and Patrick Eagan Park Lake, with some overland outflow, rather than storm sewer pipes. It was noted that an outlet from JP -7 will be required at some time in • the very near future. Kathleen Boyle appeared as an owner of the property along Deerwood Drive and stated that she and her husband had not been notified of the hearing for the improvements. Mr. Nielson indicated that unless the City Attorney were to hear otherwise, that answers to the two lawsuits could be continued indefinitely. After extended discussion, Blomquist moved to continue consideration of the request until a later meeting, but there was no second and the motion died. Next, Egan moved, Vogt seconded the motion to recommend the proposed assessment be referred back to the Council to review the feasibility of expanding Project #411 to include Pond JP -7 and further, that the Caponi property and Rooney property be deleted from Project 0411 but should be in- cluded in a proposed future storm sewer project. All voted in favor except Rydrich who abstained. HEIDE SCHIEU - PROJECT #383 SCHWANZ LA%E TRUNK STORM SEWER The Committee next reviewed the proposed assessments against the Heide Schiela property located on Dodd Road, covering a 9.95 acre parcel. It was noted that the size of the parcel precluded itsbeingconsidered a large lot under the City policy, but that the assessment clerk had deducted 20% for future right-of-way dedication and also 2.2 acres of existing pond over the eastern portion of the property. Attorney Ried Hanson appeared and noted the main objection consisted of a 200 foot NSP easement, indicating it would not be a benefit to that property. He also indicated that the water generally drains into the pond on the Schiela property and there is no increase in value because the water is still there. Further, in 1981, the City gave credit for the NSP easement for the area water and sanitary sewer assessments. After discussion, Blomquist moved, Egan seconded the motion to recommend to the City Council that an agreement be entered into to consider the entire policy as a large lot to provide for 16,500 square feet of assessment per acre, due to the unusual configuration of the property, the large NSP easement and noted that because of those circumstances, would not be considered as a precedent. All members voted in favor. a31f_ • SAC 10/9/84 A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER 1. George & Mirian Nall (10-02200-040-27) BACKGROUND INFORMATION On July 17, the public hearing was held for Project 411 which provides for the trunk storm sewer outlet for Patrick Eagan Park and the ponds within the future Birch Park Addition located immediately east of the Nall property. Enclosed on page is the letter submitted by George and Mirian Nall requesting consideration by the Special Assessment Committee. Enclosed on page �,Z is the preliminary assessment roll prepared for this property which shows the total area of the lot, the credit applied for future right of way and the net assessable area. Mr. and Mrs. Nall are objecting to • the City's special assessment policy which provides for a "large lot" credit which is applied to those parcels zoned agricultural/single-family, less than 5 acres in size and homesteaded. While the property owned by Mr. and Mrs. Nall fits the first two criteria of the policy, it is presently not homesteaded. The "large lot" policy would have provided that only the first 16,500 square feet of each acre be assessed at the current race. `If Mr. and Mrs. Nall had qualified for this "large lot" assessment policy, their pending assessment would have totaled $2,972.00 instead of the proposed $6,282.00. li The "large lot" policy was adopted by the City to provide credits to those people who live on tracts of land less than five acres in size, taking into consideration the low probability of their ever dividing such a small piece of property for development purposes. In addition, the City Council required that the property be homesteaded to protect the credit only for those''owner- occupied situations and not to be applied to investment -type property. • Enclosed on page is a map showing the location of this property located just east of Pilot Knob Road. Enclosed on page -2 is a topographic overview of this property. T An additional objection by the Nalls pertains to the fact that no credit was given for the ponding area located to the east of their property and the rugged topography over the eastern half of their property which would hinder the feasibility of this property being developed. The ponding area on the eastern portion of their property is not necessary for the City's comprehensive storm sewer plan and would be allowed to be eliminated and filled through future development. The present elevation of the ponding area is approximately 50 feet below the elevation of the existing house. STAFF RECOMMENDATION After reviewing the topography, the configuration and existing and proposed future development of the property surrounding this parcel, it is highly unlikely that this 4 -acre parcel would ever be subdivided. The cost to eliminate the ponding area by importing the required amount of fill plus the apparent inability to create a sufficient number of lots through a subdivi- sion to justify the costs associated with public improvements, it is the 1. George & Mirian Nall (10-02200-040-27) (continued) staff's recommendation that this parcel be classified as a "large lot" and be given the appropriate credits. COMMITTEE RECOMMENDATIONS/COMMENTS I • • t3� o CA---Ld is �< , d �r cz 5 mss 610, w �-G r �v Q- r 4+--a C5 5 II&S w ass K.Y., � esfoo-r� Q P ENO y// PRELIMINARY ASSESSMENT ROLL APPENDIX B PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET PROJECT NO. 411 Parcel Area Credit Assessable Total Description (sq.ft.) (sa.ft.) Area (sq.ft.) Rate Assessment NE 1/4, SECTION 22 010-02 3.89 Ac. Large Lot 3.89 Ac. $743/Ac. $ 2,84 011-04 1,873,080 Pond 91,476 1,425,284 $0.045/s.f. 64,13 Future R/W(20%) 356,320 TOTAL $67,028 NW 1/4, SECTION 22 012-26 - Eagan 771,184 Future R/W(207) 616,948 $0.045/s.f. $27,763 I� 154,236 013-26 - Eagan 435,600 Future R/W(201.) 348,480 $0.045/s.f. 15,682 87,120 014-26 - Dak. Co. 370,260 --- 370,260 $0.045/s.f. 16,662 010-27 188,740 Future R/W(20%) 150,992 $0.045/s.f. 6,790 37,748 020-27 200,000 Future R/W(20%)- 160,000 $0.045/s.f. 7,200 40,000 030-27 113,076 --- 113,076 $0.045/s.f. 5,088 —� 040-27 174,492 Future R/W(20%) 139,594 $0.045/s.f. 6,282 <- 34 898 TOTAL $85,472 Page 7. 1560c � 39' 7/0 Civic Center site i 4- DocUU No 36933 •'•• -' - S KOVD a , A 010- 27 a - Citi, of Eagan 013-2e D/0 Civic Center slte �� 020-t7 va'�. • - �oao-zi�: 40 i OSO � / 2T ' F• 4 4 'a ; C�0 V D• A LE r , 4 I DEERWOOD. — — -- — DRIVE CITY OF EAGAN ASSESSMENT AGREEMENT PROJECT NO. 411 THIS AGREEMENT dated this day of October, 1984, between the CITY OF EAGAN, (called City), and GEORGE LeROY NALL and MIRIAM MARY NALL, husband and wife, (called Owners) of 4223 Sequoia Drive, Eagan, Minnesota 55122; . WHEREAS, the City proposes to assess the following described premises in Dakota County, Minnesota owned by Owner: See Fxhibit "A" attached. for the following improvements pursuant to City Project 11411: • Patrick Eagan Park/Birch Park Addition trunk storm sewer. WHEREAS, such assessments would normally.be based upon the present zoning classification of said premises, that is, Agricultural; and NOW THEREFORE, upon consideration of the mutual covenants herein, the parties agree as follows: 1. The City agrees to assess said property for the Project and purposes described above as if it were zoned Agricultural at the rates now in existence for property so zoned, according to the Eagan large lot policy for special • assessment purposes, based upon an assessment of no more than 16,500 square feet per gross acre. 2. The Owner agrees for themselves, their heirs, executors, administrators, successors, and assigns, that in the event that the actual use of the property is changed in the future, or in the event of subdivision or development of the property, then in that event the City may reassess or levy a supplemental assessment at such time equal to the difference between the assessment for the new land use and the assessment for the present land use at the assessment rates, according, to City policy, in effect at such future time. 3• The Owner, for themselves, their heirs, executors, administrators, 1 7lory successors and assigns, further waives notice of any and all. hearings necessary and waives any and all objections to the present or 'future assessments agreed to herein or to the proceedings related thereto and waives the right to appeal such assessments. 4. The undersigned hereby agree that this agreement may be recorded with the Dakota County Recorder and that the owner shall execute any and all documents necessary to implement the recording of this agreement including the delivery of the Owner's Duplicate Certificate of Title to the affected lands if necessary. 5. The undersigned agrees that this agreement shall run with the • affected land and binds the heirs, successors and assigns of such land. 6. The undersigned heirs, successors and assigns of such land, includes all of the persons, firms or corporation that hold an interest in the assessed land and the reapportioned land described above, including the fee title owners, contract for deed vendees or vendors or holders of any other interest under contract for deed, option or otherwise. The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNER George LeRoy Nall Miriam Mary Nall This Document Drafted By, Hauge, Smith 8 Eide, P.A. 3908 Sibley Memorial Highway Eagan, Minnesota 55122 CITY OF EAGAN By: Its Mayor Attest: Its Clerk APPROVED: Public Works Director EXEMPT FROM STATE DEED TAX 2 /�a- • • STATE OF MINNESOTA) ) ss. CITY ACKNOWLEDGEMENT COUNTY OF DAKOTA ) On this day of , 1984, before me a Notary Public within and for said County, personally appeared BEATTA BLOMQUIST and EUGENE VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public li STATE OF MINNESOTA ) ) ss. PERSONAL ACKNOWLEDGEMENT COUNTY OF DAKOTA ) On this day of , 1984, before me a Notary Public -within • and for said County, personally appeared GEORGE LeROY NALL and MIRIAM MARY NALL, husband and wife, to me known to be the persons described in and, who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public EXHIBIT "A" The Southwest One-quarter (SWI,) of the Northwest One-quarter ?NA) of Section 22, Township 27, Range 23, Dakota County, Minnesota, except those parts there- of described as follows: A. Skovdale. B. Skovdale No. 2. C. Beginning at a point on the West line of the S4I� Of the NW'y of Section 22, 'fcwnship 27, Range 23, said point being 165 feet South of the Northwest corner thereof, said Point also Seing the Southwesterly corner of Skovdale No. 2 as platted, thence continuing South along the hest line of said Quarter Quarter 367.6 feet, thence South 77°07' East 573.7 feet, thence North 325 feet to the Se;:theast corner of Lot 2, Skovdale No. 2, thence North 73°00' West along the • Southerly line of Skovdale No. 2, 584.67 feet to the point of beginning, con- taining 4.44 acres, more or less. D. All that part of the S4i'-, of the NW!, of Section 22, Township 27, Range 23, described as follows: Beginning at the Southeast corner of Lot 5, Skovdale No. 2; thence Northwesterly along the Southerly line of Lots 5, 4 and 3 of said Skovdale No. 2, a distance of 802.37 feet; thence South along a line that fog=s an included angle of 73°44' with the last described line a distance of 325ofeet, thence Southeasterly along a line which forms an included angle of 101 57 with the last described line a distance.of 143.8 feet; thence deflect to the left 11°49' a distance of 628.2 feet to the East line of said Quarter Section; thence North along said East line 132.8 feet to the point of beginn- ing, containing 4.3 acres, more or less. E. The North 180 feet of the South 620 feet of the East 624 feet of the SW4 of the 1".; of Section 22, Township 27, Range 23, containing 2.6 acres, more or less. • . _.'_ _ _ _ _ -1 n t I_. C'mlm i h a e Eagan, MN 55123 Ladies & Gentlemen: I wish to have a reconsideration of the document titled "Assessment Agreement Project 411". The wording of the document is inconsistent with the previous. board recommendation as per meetino of 10/91'84. At the meeting the only agreement that was stated between the committee and the pruner, f4iri.am Nall, was that the land :.could be e.s.sessBd At the "large lot" lower rate unless_ in the future it i.,a.s developed into A development. 1t vias agreed that this would be recorded at the Dakota County records. Apparently there was _. number of things assumed by the committee and the ov,ner that were not di=_.cussed,The agreement which the city wants the owner to sign puts a great deai more restrictions on the property and none of these items were even brought up At • the Prev inus . meeting. There are many thin,•=_the owner does not acree with and did not consent to at the meeting. Referencesto specific -objections are .as. follows.: Ccc[-y attached) It is stated that the present zoning is agriculturab. It is not --it should be single family housing. Document item #2 --This item will make it very difficult to develop the land if the possibility does present itself. Future assessments, rates, levies are totally at the descretion of the assessment review board operating at that time. We request a specific amount be inserted to shop., the exact additional amount assessed in the event a development was executed. It is stated that the "large lot" assessment is $2,571 versus the square footage assessment of $6232--a difference of $3,310 which would be paid at the time of development. • Document item 03 --We do not feel we should be singled out and "not be notified of future assessments and have a right to appeal the same. Document item #4 --We do not believe the documents referred to in this paragraph should be at our. expense. Since the document is being requested by the city it should be their recording expense. If these items are not clear or need minor adjustments, we would be happy to discuss them with you by telephone or personally . We appreciate you consideration of our previous appeal and believe these requested changes may bring about an agreement about this assessment. Thank you, p� Agenda Information Memo September 17, 1985 City Council Meeting Page Sixteen B. PATRICK EAGAN PARK 1. Anthony Caponi 2. Thomas Rooney 3. Thomas Bergin Enclosed on pages Ile and are excerpts from the October 9, 1984, Special Assessment Committee .minutes forwarding to the Council the Committee's recommendations pertaining to the objections received for the proposed trunk area storm sewer assessments under Project 411. Enclosed on pagess0 through is the infor- mation forwarded to the Committee for their review and information in formulating the recommendation for Council consideration: • While the Special Assessment Committee recommended that these property owners be deleted from the final assessment roll for Project 411, it is the Public Works Director's recommendation that they be included for the final assessment hearing process and rather than being deleted their assessment should be deferred until such time as future storm sewer improvements are installed providing for the outlet of the adjacent ponds. This will protect the integrity of our special assessment procedure in allowing the City to incorporate the costs associated with Project 411 and justifying the amount of the assessments for the future minor storm sewer improvements. The cost of these future minor storm sewer improvements would be substantially less than the assessment revenue generated which could limit our ability to assess the full amount in the future without incorporating some of the down stream costs associated with Project 411. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the special Assessment Committee's recommendation regarding parcels 10-02200-010-80 and 84 (Anthony Caponi); 10-02200-012-86 (Thomas Rooney); and 10-02200-011-85 (Thomas Bergin) and defer related trunk area storm sewer assessments until such time as trunk storm sewer outlets are provided for pond JP -8. 47 Assessment Minutes C October 9, 1984 GEORGE & MIRIAM NALL - PROJECT 1411 PATRICK EAGAN TRUNK STORM SEWER The next item brought before the Committee dealt with the objections of Mr. and Mrs. George Nall regarding the large lot credit applied to the approximately 4 acre parcel owned by them on the east side of Pilot Knob Road, south of proposed Pilot Point Addition. Mr. Colbert stated the property is not homesteaded and that the large lot policy of the City covers parcels less than 5 acres in size providing for 16,000 square feet of assessment for each assessable acre. The Nalls requested to be included within the large lot • policy and also that the ponding area to the east of the property should not be assessed. Mariam Nall was present and explained the peculiar circumstances of the parcel. The staff recommended after reviewing topography configuration and proposed future development of the property, that it is highly unlikely that the 4 acre parcel would ever be subdivided and recommended that the parcel be classified as a large lot and given the appropriate credits. Egan moved, Vogt seconded the motion to accept the staff recommendations and recom- mend to the City Council that the large lot policy be adopted and that an agreement be entered into between the City and the Nalls, providing that in the event that the property is subdivided or developed in the future, that the existing rates for the development zoned category, then be assessed against C the property. Mrs. Nall indicated that she had no objection to the proposal. All members voted in favor. ANTHONY CAPONI, THOMAS ROONEY 8 THOMAS BERGIN - PROJECT #411 PATRICK EAGAN TRUNK STORM SENS11 • Mr. Colbert introduced the subject and indicated that the three owners mentioned above who have objected to the assessments, own property south of Deerwood Drive and generally west of Patrick Eagan Park. He stated that generally the property lies within the major drainage district outletting to Patrick Eagan Park. Mr. Bergin indicated that he would not be able to be present at the meeting. The objections generally were that the property did not drain directly into Patrick Eagan Park Pond, but rather into the pond further south which was not having storm sewer improvements installed at the present time. Two lawsuits have been started, including that by Mr. Caponi and Mr. Rooney to enjoin the City from proceeding with the assessments. Project #411 has been authorized by the City Council to be installed. Larry Nielson appeared for Mr. Caponi and Mr. Rooney and objected to the following: 1. The cost of the entire project is less than the amount of the. proposed assessments. 2. The property is not benefited to the extent that it is being pro- posed to be assessed. 43 Assessment Minutes October 9, 1984 3. Hilltop Estates Addition to the west is not being assessed for the improvements. C4. The excess amount of money necessary to install the improvements should be paid from the general revenue fund. It was noted that the assessments are not necessarily commensurate with the cost of the project, but that the funds are taken from a general storm sewer trunk fund and eventually, land in the entire City will be assessed for storm sewer trunk purposes. Tony Caponi appeared and stated that there was not adequate benefit and suggested additional ponding of water in JP -8 and Patrick Eagan Park Lake, with some overland outflow, rather than storm sewer pipes. It was noted that an outlet from JP -7 will be required at some time in • the very near future. Kathleen Boyle appeared as an owner of the property along Deerwood Drive and stated that she and her husband had not been notified of the hearing for the improvements. Mr. Nielson indicated that unless the City Attorney were to hear otherwise, that answers to the two lawsuits could be continued indefinitely. After extended discussion, Blomquist moved to continue consideration of the request until a later meeting, but there was no second and the motion Ii died. Next, Egan moved, Vogt seconded the motion to recommend the proposed assessment be referred back to the Council to review the feasibility of expanding Project #411 to include Pond JP -7 and further, that the Caponi property and Rooney property be deleted from Project 11411 but should be in- cluded in a proposed future storm sewer project. All voted in favor except Rydrich who abstained. BEIDE SCHIELA - PROJECT 0383 SCHWANZ LAKE TRUNK STORM SERER The Committee next reviewed the proposed assessments against the Heide Schiela property located on Dodd Road, covering a 9.95 acre parcel. It was noted that the size of the parcel precluded its being considered a large lot under the City policy, but that the assessment clerk had deducted 20% for future right-of-way dedication and also 2.2 acres of existing pond over the eastern portion of the property. Attorney Ried Hanson appeared and noted the main objection consisted of a 200 foot NSP easement, indicating it would not be a benefit to that property. He also indicated that the water generally drains into the pond on the Schiela property and there is no increase in value because the water is still there. Further, in 1981, the City gave credit for the NSP easement for the area water and sanitary sewer assessments. After discussion, Blomquist moved, Egan seconded the motion to recommend to the City Council that an agreement be entered into to consider the entire policy as a large lot to provide for 16,500 square feet of assessment per acre, due to the unusual configuration of the property, the large NSP easement and noted that because of those circumstances, would not be considered as a precedent. All members voted in favor. �q 4 • SAC 10/9/84 A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER 2. Anthony Caponi (10-02200-010-80 & 84) 3. Thomas Rooney (10-02200-012-86) 4. Thomas Bergin (10-02200-011-85) BACKGROUND INFORMATION Project 411 provided for the installation of a trunk storm sewer outlet to Patrick Eagan Park (JP -9) along with other ponds within the old Windcrest Addition (proposed Birch Park addition) as indicated on the map enclosed on page / The ponds west of Patrick Eagan Park, south of Deerwood Drive and north `off—Hilltop Estates are located within the major drainage district serviced by this trunk storm sewer outlet of Patrick Eagan Park. However, there interconnection to Patrick Eagan Park is proposed to be performed • under a future project. Enclosed on page 'L pis an area map showing the assessment boundaries and the relationship of the appellants to Patrick Eagan Park. Enclosed on page Zq is a topographic map showing the relationship of those parcels to Patrick Eagan Park pond (JP -9) and the pond to the southwest (JP -8). Enclosed on page _30 is a map showing the drainage district,) that will ultimately be serviced by the outlet to Patrick Eagan Park pond. , Enclosed on page/ is the written objections submitted by Mr. Bergin. Enclosed on pages J& throughis a copy of the formal complaint filed with District Court by Mr. Rooney. Enclosed on pages(�through o3 is a ' copy of the formal complaint filed with District Court by Mr. Caponi. Their major objection is based on the fact that their property does not directly drain into Patrick Eagan Park pond (JP -9) but rather into the pond to the southwest (JP -8) which is not having any storm sewer improvements installed at this time. • STAFF RECOMMENDATION While the objectioners are correct that their property does not drain directly into Patrick Eagan Park pond, they are located within the general drainage district area serviced by the outlet for Patrick Eagan pond. Due to the fact that the future cost of interconnecting these two ponds would be quite small in relationship to the assessment revenue generated from these large parcels of property within the drainage divide, the City could be place in a position of assessing an amount greater than the actual cost of the project. This is due to the fact that we traditionally do not go back and include the cost of previous projects downstream in determining the assessment revenue. Once this interconnection is provided, these properties will be benefited by the storm sewer outlet to Patrick Eagan Park due to the fact that their water will drain through the storm sewer system. Consequently, the staff has two recommendations for consideration: 1. Delete the parcels south of the designated drainage divide from assessments under Project 411 subject to an agreement whereby they will not object to the trunk area storm sewer assessments at a later date when pond JP -8 is connected to Patrick Eagan Pond. A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER (continued) 2. Expand the scope of Project 411 from JP -8 to JP -9 to protect the with the costs for installing Patrick Eagan Pond. COMMITTEE RECOMMENDATION/COMMENTS to install the storm sewer connection integrity of the assessments associated the trunk storm sewer outlet from • u • t.,; I EX. LIFT STA. 14 1 JP -II CITY�- HALL it ll_LI �$K ON,(E AD',- ,° L'�JP-49 .— Y" L1 y '• JP- �1 HILI TOP ITO 0;IEAF PLAZA Gf.r: i 0 JP -38 �7 JP -7 FuruR€ JP -8 — tN 0 R T R l - 0-- . ---1000 2000 SCALE IN FEET PATRICK EAGAN PARK / BIRCH PARK ADDITION STORM SEWER LAYOUT POND JP -6, 7, 8, 9, 10, 11, 38, 47, & 49 '1-7 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1984 PROJECT Comm. 49311 11 NO.411 Wo F ® SINGLE FAMILY RATE PATRICK EAGAN PARK / BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA T- i N 0 1000 2000 SCALE IN FEET BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1984PROJECT Comm. 49311 IFNO.411 0 5� ID 18 / E_ .•►�lct/:� -- C. 12"T' I�C-13 h \ \D`30I D-29 I �I l ,moi -�_ J r_ 5 -•:o� / ".� / I D-19 ���_� 'D-23\Y�,o `J MOTT —-- J-8 - D-25 E-16 I I- •RDE`: :' C-9 h`� C -II 2 __�� ; D-26 r -'E-18--' — 1/-7~ ----\ D X27 1� J-13 - --- - 64. J-26 J - 24 U-17 41 J-14- J7 J-22 �\ 1hy�1� J-4.�„y., - - - --- II /J-16 .�_}fes=^1�� i J-23 A=20�j_ ` f 11J-1562 J-21 / U 1 �• J-54 �. B-34 1 +� F:s:}:ci:i•. �`'ti:%;'? �::: •`+'::5•:::.'2 .`• 5ii: �i r J-67 rya':tl 1�9.35� -;. �[ X. , _ - _ I 3;' :;t: ?:..••• J J 49 / B-5 •j J-55 7� B-37 L8-36 /A 35 /1 -- /� or ` _ L-7 7. ,' / J-_50 I ' ' e.;.� 1 >^ B-7 I �4T- � \J BB -25 I !p I/@ 6-['�� �.'' 1 1`;\\II �ti / ��J y -• B-23 \.10" L-13 � L-24 B_II r /15.x. F f W- B -14 B Bs-.= '".�� �.1. .V_ L -II L -I �.--(2— -L. ='_•. ? -"--- rjI - Lz 14' B -2k - CdES. 4a F' 5 e I 3 � i[ ,/ L -191- i \IL T000, .'�16 !; 1 i B-19 ` DAKOTA - L-58 a �-I-L_ .61 �L-62 %-�',1� 1 L_43 _ I L - L-41 / -64 4111 y1l J,,l7 11) 19sy tate 5/ .4/-V _.. -52-a - --- P _ i- -l0 , 9 33G STATE OF MINNESOTA COUNTY OF DAKOTA Thomas J. Rooney, —vs— City of Eagan, Plaintiff, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT FILE NO. COMPLAINT • Plaintiff, for his claim against the defendant, states and alleges as follows: I. That the plaintiff is the owner of a parcel of land located in the West One Quarter of the Southeast Quarter of Section 22, consisting of I I approximately 11 acres, and identified as parcel /012-86 on page 8 of, Exhibit 1 which is attached hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identified in the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. I12. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future assessment hearing. IV. That the plaintiff protested the assessment at the hearing on July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily assesses the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. VII. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue from the assessments of $343,289, • thereby assessing said project at $102,329 more than its cost. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 as I! JP -7, which pond handles storm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quarter of Section 22. That Hilltop Estates and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Project No. 411. 18 WHEREFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411. 2. Adjudging that no assessment be permitted for'Project 411 beyond the actual cost of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other area specially benefited by the proposed improvements contained in Project No. 411 be included in the area to be assessed for Project No. 411. 1'9 //h 4. For such other, further and different relief as to the Court may seem just. d NEILSON, LTD. Attorneys ProSe 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 (612) 224-3361 M • 0 STATE OF MINNESOTA COUNTY OF DAKOTA Anthony Caponi, vs. City of Eagan, Plaintiff, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT FILE NO. COMPLAINT • Plaintiff, for his claim against the defendant, states and alleges as follows: I. That the plaintiff is the owner of a parcel of land located in the �I Southeast Quarter of the Southwest Quarter of Southeast Quarter of Section 22 and in the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 22 consisting of approximately 20 acres, and identified as parcels #010-80 and 11010-84 on page 8 of Exhibit l which is attached • hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identified in the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. III. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future assessment hearing. 1/ L IV. That the plaintiff protested the assessment at the hearing on July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily assesses the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue from the assessments of $343,289, thereby assessing -said project. at $102,329 more than its cost. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 as JP -7, which pond handles storm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quarter of • Section 22. That Hilltop Estates and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Project No. 411. WHEREFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411. 2. Adjudging that no assessment be permitted for Project 411 beyond the actual cost of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other 2 63 W area specially benefited by the proposed improvements contained in Project No. 411 be included in the area to be assessed for Project No. 411. 4. For such other, further and different relief as to the Court may seem just. ROONEY_& NEILSON, LTD. BY l4.n 1 1(77, 7A,�21- THOMAS J. ROONEY Attorneys for Plaintiff 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 • (612) 224-3361 • 3G� ti Agenda Information September 17, 1985 Page Seventeen Memo City Council Meeting MINUTES OF AUGUST 1, 1985, MEETING (PROJECT 417 - DEERWOOD DRIVE, AND OTHER MISCELLANEOUS B. Minutes of August 1, 1985, Meeting (Project 417 - Deerwood Drive, and Other Miscellaneous --On August 1, 1985, the Special Assessment Committee met to discuss objections pertaining to proposed assessments for three separate subject items. Enclosed on pages_y� through&q is a copy of the minutes of the Special Assessment Committee meeting discussing the issues of the three separate items. Mrs. Fritz, representing the four property owners on the southside • of Deerwood Drive affected by the installation of street and utility improvements under Project 417, requested that this item be discussed by the Council sometime in September to allow several property owners to prepare additional appraisals as necessary based on the Special Assessment Committee's recommendation. Forwarded to the Council without page number are copies of the appraisal performed by the City's appraiser and the property owners' appraiser which were reviewed by the 'Special Assessment Committee in reaching their recommendation. Enclosed on pages II through is the background information that was forwarded to the Special Assessment Committee for their review and reference in reaching their recommendation. The Committee's recommendation pertaining to the other two items are 'acceptable to both the staff and the affected property owners and are being forwarded for favorable consideration by Council action. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the recommendation of the Special Assessment Committee from the August 1, 1985, meeting and to approve or modify these recommendations pertaining to each property in question. G5 r MINUTES OF A SPECIAL ASSESSMENT COMMITTEE MEETING EAGAN, MINNESOTA AUGUST 1, 1985 A regular meeting of the Special Assessment Committee was held at the Eagan Municipal Center at 4:30 p.m. on August 1, 1985. Those present were Chairman Don'Rnight, Members Dale Vogt, Mayor Bea Blomquist, Councilman Tom Ekan, Planning Commission member Garrett Mulrooney, and Bill Rydrich. Also present were Public Works Director Tom Colbert and City Attorney Paul Hauge. AGENDA Upon motion by Mulrooney, seconded Egan, it was resolved that the Agenda • as presented be approved. Arl voted yes. PROJECT #417 - DEERWOOD DRIVE - BIRCH PARR ADDITION Public Works Director Tom Colbert presented to the members in attendance a brief background of Project #417 and in particular the objections that had been raised by the property owners on the south side of Deerwood Drive regarding proposed, assessments for utility and street improvements. Several neighborhood meetings have been held and also the residents have been present at a number of council meetings regarding the project. Correspondence from the attorney for Mrs. Bernard Fritz, copies of preliminary assessment roll and the appraisal of Mark Parranto were reviewed by the Committee members. Dan Warner, attorney for Mr. 6 Mrs. Fritz, was present and made a presentation on their behalf. He questioned whether the improved value, under Mark Parranto's appraisal, included current improvements such as well, septic • system, driveway, landscaping, etc. It was noted that the contract was scheduled to be awarded on August 6, 1985. Mike Wiley, appraiser from Bloomington, .appeared on behalf of the Fritz family and reviewed the appraisal that he submitted to the City dated August 1, 1985. He stated he considered about 20 parcels but he used 3 comparables in arriving at his valuation. He noted that a new well and septic system would cost about $10,000.00. His conclusion was that the land is worth $60,000.00 with the improvements, as opposed to land with septic tank and well at about $46,000.00 or an increase in value due to the street and utility improvements of $14,000.00. In.addition, it was his opinion that the frontage along the west side of the Fritz property does not improve the value because of the steepness and also the shallowness of that portion of the parcel. M Assessment Committee Minutes August 1, 1985 Mr. and Mrs. Hosford and Mr. and Mrs. Michael Kohler also were present and strongly objected to the proposed assessments. They claimed that they had no intent to connect to the system, and in the case of the Hosfords, that their house is 500 feet back from the south of the street and therefore, the project will connect to the street utilities. There was a question as to how Mr. Parranto arrived at the land value and there were questions concerning the storm sewer assessments and the reason for the proposed assessments. Members present discussed in detail the potential for subdividing the four parcels on the south side and generally, the consensus was that they could not be subdivided, except for the Altobelli property. Councilman Egan stated that the parcel may not be developable in the future, but it would be difficult to control any deferrals administratively, • and reviewed the options including the $14,000.00 increase in value, the $23,500.00 increase in value according to Mr. Parranto's appraisal for the three easterly parcels to defer the assessments, or determine a compromise. Egan moved to recommend to the City Council that the benefits for the Fritz, Hosford and Kohler parcels be determined at $14,000.00, and that the Altobelli parcel be determined to be two parcels due to its size, the potential for an additional residential unit to be constructed on the parcel, and the configuration of the property. It was noted the Altobelli property had been assessed $9,500.00 for earlier assessments and therefore the proposed assessment would be double the assessment for each of the other three parcels, or $28,000.00; further, that the Council could defer any assessment that, in its discretion, it determines for the parcel proposed to be assessed. The Hosfords objected to the $14,000.00 proposed assessment and requested that they be allowed to acquire an appraiser prior to the Council review. • Mulrooney seconded .the motion and all voted in favor. Consideration of this issue covered about 2 hours. CEDAR INDUSTRIAL PARK — LOT 2, BLOCK 2 EASY MINI STORAGE Chairman Don Knight then brought before the Committee, the consideration of the assessable footage for lateral benefit and trunk utilities provided for Lot 2, Block 2, Cedar Industrial Park. Tom Colbert noted that the parcel is intended to be developed by Richard Curry for rental storage units and that in 1978 sanitary sewer and water main utilities were installed in the industrial park. At that time, at the request of the property owner, Aspen Associates (J.E. Parranto), the lateral benefit assessments for sanitary sewer and water were deferred until the time of connection. It was noted on the assessment card that there would be 350 feet of assessment, but Mr. Colbert stated that he could not determine how that figure was arrived at. 47 2 Assessment Committee Minutes August 1, 1985 The staff recommended that sanitary sewer be assessed at 763 adjacent feet, less 150 foot corner lot credit or 613 feet; further, that the water main be assessed at the benefited and assessable front footage of 693.89 feet. The rates in 1969 were $5.50 and $4.25 per foot for sanitary and water -lateral assessments, respectively, whereas, today the rates are $14.35 and $19.57 for sewer and water, respectively. Richard Curry and Joseph Lombardo were present and Mr. Curry made a presentation to the Committee. Councilman Egan stated that the 350 foot reference was only on the assessment card but there was no agreement for the assessments relating to the 350 feet. Mr. Curry recommended an accrual of the assessments and reduction in the total assessments proposed at about $24,727.00. There was a question as to whether special consideration should be given because of the possible. • confusion relating to 350 feet on the record. Blomquist moved, Mulrooney seconded the motion to recommend, noting some confusion, that the •assessments be determined on the full footage with the understanding that no precedent will be set, with assessment at the 1968 rates calculated below, utilizing an 8% simple interest accrual factor: $ 5.40 x 613 ft. _ $3,310.00 $ 4.25 x 693 ft. _ $2,949.00 TOTAL a $6,259.00 8% x 17 years or $8,500.00 - $14,771.00 All members voted in favor. LONE OAR ADDITION - TRUNK AREA WATERMAIN CREDIT • A request from Laukka-Beck Properties for a watermain assessment credit, due to the oversizing of the trunk watermain in the Laukka-Beck Planned Development, was next brought before the committee. Tom Colbert reviewed a letter dated June 20, 1985 from Warren Beck regarding the request for increase from 12 inch to 16 inch watermain. Larry Laukka, developer, and Dale Beckman of BRW were present. Mr. Laukka stated that on May 30, 1985, the Bonestroo, Rosene consulting engineering office requested that the watermain be increased in size from 12 to 16 inches and he stated tharthe developer is installing the watermain under a private contract. He further indicated that it was too late to request a City project at that point and the City policy is that it will not provide credit to existing or future assessments for the private installation of trunk utilities due to the fact that an accurate determination in value is hard to achieve without setting a precedent. He argued that it would be equitable for the City to grant a credit for the additional 4 inch sizing. 3 Assessment Committee Minutes August 1, 1985 Be noted that the cost to Laukka-Beck is $24,200.00 and asked that it be credited toward future water assessment, and further that the developer aid receive 11 bids for the project. Tom Colbert mentioned that he was not aware that the request had been made at a late date and agreed that a credit should be granted but that it should not be a precedent but a variance from the normal procedure. Egan moved, Mulrooney seconded the motion to recommend that the developer be granted a credit according to the recommendation of the staff and that the credit be applied at the soonest possible time toward water assessments, based upon actual computations approved upon by the City staff. All members voted in favor. ADJOURNMEKT Upon motion duly made and seconded, the meeting adjourned at 7:30 p.m. • 47 M PHH • SAC 8/1/85 417, DEERWOOD DRIVE STREET & UTILITIES - BACKGROUND INFORMATION On September 18, 1984, a Public Hearing was held to discuss and installation of streets and utilities to service the Birch Park Addition. Part of this project also provided for the installation of streets and utilities for the easterly extension of Deerwood Drive along the south boundary of the Birch Park Addition. As a result of that Pulbic Hearing, the four.•property owners located on the south side of Deerwood Drive have expressed concerns and objections relating to their proposed assessments and the overall project as it affects their property. Several neighborhood meetings were held with these property owners to discuss both the proposed assessments resulting from the project and the impact on their • property associated with the construction of these public improve- ments. The four property owners affected are identified as follows: Appraisers Parcel P.I.N. Owner Parcel #1 10-02200-010-51 Rocco & Diane Altobelli 10-02200-040-51 10-02200-050-51 10-02200-060-51 III Parcel #2 10-02200-014-54 Bernard & Teresa Fritz Parcel #3 10-02200-015-54 John & Karen Hosford Parcel #4 10-02200-016-54 Michael & Sandra Kohler • Enclosed on page �_ is a map showing the location of these properties to Deerwood Drive. Enclosed on page _ Z is a topo- graphic map showing the relationship of these parcels the _%.fexisting topography. Enclosed on pages f through are maps referencing the proposed sanitary sewer, watermain, storm sewer and street improvements under Project #417. Enclosed on page _ 9 is preliminary assessment roll for Project #417, showing the present pending assessments for each of the proposed improvements for each particular parcel. Enclosed on pages through are pertinent excerpts from the City's Appraisal Report dated July 23, 1985 indicating the appraised increased value to each parcel that would result from these proposed improvements. :_Enclosed on page .pf is a letter received from Mrs. Fritz and on pages -a� ,L through ape is a copy from the Fritz's attorney presenting their position pertaining to the proposed assessments. At the June 16, 1985 Council meeting, the City Council requested that the Special Assessment Committee review the proposed assess- ments under Project #417 for the property owners on the south side of Deerwood Drive on August 1, 1985. 70 PROJECT #417 SAC 8/1/85 PAGE 2 STAFF RECOMMENDATIONS Minnesota Statute chapter 429, limits the amount of special assess- ments that can be levied against an individual parcel to the increased value realized by the parcel resulting from the proposed public improvements or the amount of .the proposed assessments, whichever is less. Based on the fact that the City hired an appraiser to evaluate the increase in .value associated with these public improvements, it is recommended that the following total assessment be approved as the pending assessment under Project #417 until final costs have been tabulated at the completion of the project: Original Revised Property Proposed Pending Owner Parcel Assessment Assessment Adjustment Altobelli 010-51 '$39,677.00 $14,000.00 - (25,677.00) 040-51 050-51 060-51 Fritz 014-54 $36,560.00 $23,500.00 - (13,060.00) Hosford I I 015-54 $22,838.00 $22,838.00 none Kohler 016-54 $22,838.00 $22,838.00 none COMMENTS & COMMITTEE RECOMMENDATIONS • • BERNARD K LARSON S.W 1/4 SEC, 22, T. 279 Re23 CO..71. MARC.. 1970 234 A MOOR DRIA PARCEL 1 PARCEL 2 PARCELI 3 PARCEL 4 A" 'B AAAA AAAA 10 POND 4. '0 0 00 % POND 'j --235, A '32 2 -1. 7 POND I RLOG ' ` ;J3X ) ! i,%�.; 1�•,' ,.:. (',// `I ;1� /'_ \`�\ 5.1. ' / `//I�///� i\'`1I\11 Cil 0/ I. ��:'. � � \\ \\ �I��_. t�'�— =-moi. e'- _ ��11• /:.:/ c . ' s �•\or \`/�)'i /: �hl 'l / / t �'// ° /� �.,tII / I�� �J'� �. I'I rlr it /17 16 .•may 11 � ' �/ / / ' % / � // / / / / / / / 1 d) I y I\1 \ 1 or. __ ,r 1 C\ \ I; 1 , .• ice'. �t••\ I I r A / + / /�' r � S [Of!/ l % /� /�' � ' i�'-�l � ~� _ _ � _ \I<r ' : `� %•I �� •� 111. � I BIRCH PARK ADDITION UTILITY & STREET IMPROVEMENTS EAGAN, MINNESOTA SANT R SONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: AUG., 1984 PR OJ. NO. .^.omm.4?318 417 UJ a Y MAE ¢ ur DEERCLIFF 2 1 -2— - W _ N —I i I ?; i12 111.10'9.8• :61514;3 21 � I 31 I .1 �1 WINDCRES� AWE.OUT- `; ? I , I A 1 2' 3 4'I5I617t81%9110 _ 11 3 Q 12 13 5'/4'� 1 wiryp�gf,Sr 1 i5 411 -..116 � 3 2 17 1 4- � 6 1 12 POND i JP -6 - ` r 3 mj 1 POND JP -49 i q 4 1 OUTLO7 H 5 6 �6 .7 7 _9 8 9 10 10 1 II 17 i 16 r 15 14 12 II 13 12 j 1 13 14 15.1 16 DEERWOOD DRIVE < • 010-51 040-51 014-54 015-54 016-54 N O 0 400 800 SCALE IN FEET BIRCH PARK ADDITION UTILITY & STREET IMPROVEMENTS EAGAN, MINNESOTA SANT R SONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: AUG., 1984 PR OJ. NO. .^.omm.4?318 417 w a Y pNE c ter"DEf RCL IFF l 2 ;z - - r _ w U)LLJI -1• \ O _I 2 i I WINnr. H. ST j L 1 �h II'I0�'I'84, 5.2' 1 �. 61� I ' WINDCREST AWE I �— 0U� - 2 A I II 713 4'5,'617''_8!9.10 \" __3_ Q 1 \12� 5 -� i3 •4 Y 14 .. 16 \r-� 17 4 2 I POND 2 1 JP -6 3 _ - POND 3 JP -49 I 4 4 OOLUT (♦ 5 5- 6 6 9_ 8 10� 17 16 IS 142 NN 13 1 12 6'J DEE= ......-, iq F I - �13 I' 4 1 15 16 V_ x'\010-511 040-51 014-54 , 015-54 1016-54 G - Np R7\ O 400 800 SCALE IN FEET BONESTROO, ROSENE, ANDERLIK BIRCHPARK ADDITION A ASSOCIATES, INC. UTILITY & STREET IMPROVEMENTS I Consulting Engineers ` St. Paul, Minn. EAGAN, MINNESO-AD:a3: AIw ., 1984 PROJ. NO. I = 7 4319 417 4 75 w E a I DEERCLIFF PN � wI \ T t1� o v : Wmir,rr { sr 1 a0D- -3i ili 11 '10'7:g 7615 413 2 1 WINDCREST AVE. OuT ^ 2 ; I 1I2�314; 51i 611 7'g1;9j110 a I -1k�1 I i 13 ? 5 4 , 14 I CgFST 4jq 1 15 - ' 16 3 n 4z 1� 6 •1 f� ig POND JP 6 2 3-- 1 - POND I a 3 JP -49 4/. 1 OUTLOT g 5 5 F' 67 /6 i i Ir 9 9 g 10 17 16 1 15 1 1413 12 11 ro 12 DEERWOOD DRIVE ' p_ 13 14 15 16 • 21 - 010-51 040 -LI 014-54 015-54 016-54 NORT" .. H 0 400 800 ?'/:V SCALE IN FEET BIRCH -PARK ADDITION BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. UTILITY & STREET IMPROVEMENTS Consulting Engineers S EAGAN, MINNESOTA t. Paul, Alinn. ,I Date: AUG., 1984 STORM SEWER,_ -,31g 76 w a Y ~ DEERCLIFF I U � N V I ji- I I , K'/NPCRF•S� I ADD1 J I '?ii 07 :II.10'9'8. :615 413 2 1_ WINDCRES AVE.I OUT. 2 1 2 3-4: 5; 617; 8. 9110 II 3 n. i 17 �5a.1211 dPOND 3_ 2PON4D94 3JP�55- 6 6 II .By "8 �9 10 I 10 i II 11 17 16 I 15 j 14 12 13 12 DEER\YOOD DRIVE i 13 4 ISI 16 \010-51 040-51 014-54 015-54 016-54 N O R 0 400 800 SCALE IN FEET BIRCH PARK ADDITION BONESTROO, ROSENE, ANDERLIK 8 ASSOCIATES, INC. UTILITY & STR==_T IMPROVEMENTS Consulting Engineers St. Paul, Minn. EAGAN, IMIN` ESOTA Date:AUG., 1984 PROJ. NO. -= - Comm, 49318 417 �?7 Parcel Description BIRCH PARR ADDITION 'Block 1, Lot I-12(1) 'Block 2, Lot 1-17(1) Bleck 7, Lot 1-5(l) Block 4, Lot 1-6(l) Block 5, Lot 1-16(1) Block 5, Lot 147160 7 Block 6, Lot 1-13(1) Block 6, Lot 14-17(2) v SW 1/4, SECTION 22 A `ru rata" Parcel 010-51 Avo73aacl Parcel 040-51 F2 ,r x Parcel 014-54 7/0 5I'FV&0 Parcel 015-54 k0M1A/L Parcel 016-54 A- 4a'aar Parcel 050-51 Aaro,3ra, Parcel 060-51 (I) Assumes 80.81 F.F./Lot (2) Assumes 200 F.F./Lot (3) Includes lateral benefit From trunk for the unplatted parcels in SW 1/4 Section 22. (4) Assessment - $198,992/6,376 F.F. - $31.21/F.F.; $31.21/F.F. x 80.81 F.F. - $2,522. (5) Assessment - $198,992/6,376 F.P. - $31.21/F.F.; $31.21/F.F. x 200 - $6,242. 2607c Page 9, Street $ 2,522(4) 2,522 2,522 2,522 2,522 2,522 2,522 6,242(5) $ 7,131 9,242 13,246 7,387 7,387 Total Assessment $ 7,980 7,980 7,980 7,980 7,980 7,980 7,980 17,244 $ 8,480 26,269 36,560 22,838' 22,838 4,480 448 ADDENDUM SUMMARY i PRELIMINARY ASSESSMENT ROLL BIRCH PARR ADDITION PROJECT NO. 417 COST/LOT, PARCEL Sanitary Storm Sever Sever Water Hain City Contr. Lateral Lateral(3) Trunk Services Lateral 84-16 C.O. $ 1,377 I $ 1,371 $ 467 $1,064 $1,119 $100 11377 1,331 467 1,064 1,119 100 1,377 1,731 467 1,064 1,119 100 1,377 1,371 467 1,064 1,119 100 1,377 1,731 467 1,064 1,119 100 1,377 1, 731 467 1,064 1,119 100 1,377 1;331 461 1,064 1,119 100 3,408 7,294 467 1,064 2,769 -- S 1,750 $ 1;113 -- $1,064 $1,422 -- 5,166 7;286 $3,315 1,064 4,196 -- 7,404 4,710 4,122 1,064 6,014 -- 4,129 2,626 4,278 1,064 3,354 -- 4,129 2,626 4,278 1,064 3,354 -- -- -- 4,480 -- -- __ 448 (I) Assumes 80.81 F.F./Lot (2) Assumes 200 F.F./Lot (3) Includes lateral benefit From trunk for the unplatted parcels in SW 1/4 Section 22. (4) Assessment - $198,992/6,376 F.F. - $31.21/F.F.; $31.21/F.F. x 80.81 F.F. - $2,522. (5) Assessment - $198,992/6,376 F.P. - $31.21/F.F.; $31.21/F.F. x 200 - $6,242. 2607c Page 9, Street $ 2,522(4) 2,522 2,522 2,522 2,522 2,522 2,522 6,242(5) $ 7,131 9,242 13,246 7,387 7,387 Total Assessment $ 7,980 7,980 7,980 7,980 7,980 7,980 7,980 17,244 $ 8,480 26,269 36,560 22,838' 22,838 4,480 448 Agenda Information Memo September 17, 1985 City Council Meeting Page Eighteen VACATION OF DRAINAGE & UTILITY EASEMENTS (MEADOWLAND ADDITION A. Vacation of Drainage and Utility Easements (Meadowland Addi- tion) --On August 20, the Council received a petition requesting the vacation of common lot line drainage and utility easements contiguous with Lots 101, 102, 103, and 104 of Block 1, Meadowland lst Addition. Enclosed on page ft) is a map that references the easements requested to be vacated. The vacation of these easements is necessary for the Eagle's Nest Village development which has received prior preliminary approval by Council action. • All notices have been sent to all potentially affected utility companies and published in the legal newspaper. As of this date, the staff has not received any objections to the proposed vacation as requested and is recommending favorable action by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the common lot line drainage and utility easements affecting Lots 101, 102, 103 and 104, Block I 1, Meadowland 1st Addition, as described. 79 10 14t. Me 103 o I p 1 � I 'aL------------ S H A L E I° I I 1 101 I; I Ip GRo'S NhT Lt'teD AREA 1 To BE VALATEC 1 I DESCRI PrION w The west 156,00 feet of the east 166.99 feet of the mouth 5.00,feet of Lot 101, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Mlru,e60te. The ..at 156.99 feet of the test 166.99 feet of the north $.00 feet of Lot 102, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Minnesota. The east 137.00 feet of the went 143.00 feet of the CI 0 Af 0 1L S H A L E I° I I 1 101 I; I Ip GRo'S NhT Lt'teD AREA 1 To BE VALATEC 1 I DESCRI PrION w The west 156,00 feet of the east 166.99 feet of the mouth 5.00,feet of Lot 101, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Mlru,e60te. The ..at 156.99 feet of the test 166.99 feet of the north $.00 feet of Lot 102, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Minnesota. The east 137.00 feet of the went 143.00 feet of the CI 0 1L mouth 5.00 feat of Lot 104, Block 1, MEADOWLAND p 10Z I 0 w FIRST ADDITION, Delete County, Minnesota. p p I G I > The east 137.00 feet of the want 147.00 feet of the north $.feet of Lot 10), Block 1, MEADOWLAND Q I11/ nn00 ADOITION, Dakota County, Mi mounts. 1 to I The south 84.90 feet of the west $.00 feet of Lot The Bleak 1, MEADOWLAND FIRST ADDITION, Dakota County, 101, Minnesota 4�-------------alaTh. mouth 84.90 feat of the S.Od feet of 104. CLotounty, DDIT Hlock 1, tffA00WIA NO FIRST ADDITION, Dakota County, Block Mltv,e Cot Th.111.99 south 95.00 feet of the Deet 5.00 feet of Lot 102, Block 1, MEAOOMIAHO FIRST ADDITION, Dakota County, Nlmm eats The mouth 95.00 feet of the east 5.00 feet of Lot 105, Black 1, MEADOWLAND FIRST ADDITION, Dakota County, Minnesota LANE I hereby certify that this survey was prepared by me or under my direct supervision end that 1 em ■ duly Registered • Land Suu,"yor under the lewd of hs State of Minnesota. Date 11 a. r Z/ Z' _ e oyRiemannian Registered Land Surveyor No. 10795 IE4/EAAEMT '04&TIOFI i.r: E"LE3 NEST VILLpLE I J I• JJ¢V[Y 1214 7, EA161/J Et:[IAIlel ItIC, Agenda Information September 17, 1985 Page Nineteen Memo City Council Meeting PROJECT 348, FINAL ASSESSMENT HEARING B. Project 348, Final Assessment Hearing, Four Oaks Road and Coachman Road (Streets &'Sidewalks) -- On August 20 the final assessment roll for Project 348 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on April 3, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 348 (Four Oaks Road and Coachman Road - Streets & Sidewalks) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 10 years at 11.0e interest. • Ft FINAL ASSESSMENT HEARING PROJECT NO: 348 SUBDIVISION/AREA: COACHMAN/FOUR OAKS ROAD FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES E) Area Laterals Service F1 Lat. Benefit/Trunk STORM Area EjLaterals FINAL SANITARY RATES Area n Laterals Service Lat. Benefit/Trunk F. R. RATES TREETS Gravel Base Surfacing (1) 37.60/6.48 31.60/7.00 Res. Equiv. (1) 37.60 - ASSESSED FOR OVERLAY IN ADD]TE] ION ALL REMAINING PROJECT COSTS 6.48 - ASSESSED FOR OVERLAY ONLY NUMBER OF PARCELS AFFECTED: 157 NUMBER OF YEARS ASSESSED: RATE OF INTEREST: TOTAL AMOUNT ASSESSED: $317,817.78 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-10 PUBLIC HEARING DATE: APRIL 3, 1984 TEN YEARS 11% �v Agenda Information September 17, 1985 Page Twenty Memo City Council Meeting PROJECT 371B, FINAL ASSESSMENT HEARING C_ Project 371B, Final Assessment Hearing, Coachman Road (South of Yankee Doodle Road) --On August 20 the final assessment roll for Project 371B was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on April 5, 1983. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 371B (Coachman Road - South of Yankee Doodle Road) and authorize the certification to the County for collection of unpaid assessments to be spread over 10 years at 11.08 interest. • FINAL ASSESSMENT HEARING PROJECT NO: 371 B SUBDIVISION/AREA: COACHMAN ROAD (FROM YANKEE DOODLE TO APPROX. 1000' SO.) FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. FINAL WATER RATES RATES SANITARY RATES Q Area Laterals Service 0 Lat. Benefit/Trunk STORM ElArea F1 Laterals n �J Area F-1 Laterals Service R Lat. Benefit/Trunk STREETS Gravel Base OSurfacing nRes. Equiv. NUMBER OF PARCELS AFFECTED: 2 NUMBER OF YEARS ASSESSED: 10 YEARS RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $11,364 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: APRIL 5. 1983 n 84-17 F.R. RATES $18.94 $19.14 Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty-one PROJECT 398 FINAL ASSESSMENT HEARING D. Project 398, Final Assessment Hearing, Sun Cliff 2nd Addition (Streets & Utilities) --On August 20, the final assessment roll for Project 398 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page 56 is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 5, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 398 (Sun Cliff 2nd Addition - Streets & Utilities) and authorize the certification to the County for collection of unpaid assessments to be spread over 5 years at 11.0% interest. RM FINAL ASSESSMENT HEARING PROJECT NO: 398 SUBDIVISION/AREA: SUN CLIFF 2ND ADDITION FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 TORM El Area ® Laterals S610.14 $510.00 %(1) Service includes both sanitary NUMBER OF PARCELS AFFECTED: 81 NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 11% ._ SANITARY 0 Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. and watermain FINAL F. R. RATES RATES $892.62 51,060.( $2,175.53 $2,190.0[ TOTAL AMOUNT ASSESSED: $488,695.42 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-15 PUBLIC HEARING DATE: June 5, 1984 ` '^S IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals $942.60 $1020.96 (l1 Q Service $808.77 $ 850.00 ® Lat. Benefit/Trunk $ 57.88 $ 59.37 TORM El Area ® Laterals S610.14 $510.00 %(1) Service includes both sanitary NUMBER OF PARCELS AFFECTED: 81 NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 11% ._ SANITARY 0 Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. and watermain FINAL F. R. RATES RATES $892.62 51,060.( $2,175.53 $2,190.0[ TOTAL AMOUNT ASSESSED: $488,695.42 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-15 PUBLIC HEARING DATE: June 5, 1984 ` '^S Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty -Two PROJECT 399 FINAL ASSESSMENT HEARING E. Project 399, Final Assessment Hearing, Silver Bell Road (Streets & Utilities) --On August 20, the final assessment roll for Project 399 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page_ is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 19, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 399 (Silver Bell Road- Streets & Sidewalk) and authorize the certifica- tion to the County for collection of unpaid assessments to be spread over 10•years at 11.0% interest. • V FINAL ASSESSMENT HEARING PROJECT NO: 399 SUBDIVISION/AREA: SILVERBELL ROAD FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Ll Area Laterals Service Lat. Benefit/Trunk STORM ElArea Laterals NUMBER OF PARCELS AFFECTED: 462 FINAL SANITARY RATES ❑ Area F-1 Laterals Service Lat. Benefit/Trunk ;TREETS Gravel Base Surfacing Res. Equiv. NUMBER OF YEARS ASSESSED: 10 YEARS RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $95,354.38 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: JUNE 19, 1984 0 84-10 F. R. RATES 16.21 19.25 Agenda Information September 17, 1985 Page Twenty-three Memo City Council Meeting PROJECT 400 FINAL ASSESSMENT HEARING F. Project 400, Final Assessment Hearing, Oak Cliff Pond (Trunk Storm Sewer Outlet) --On August 20, the final assessment roll for Project 400 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page�(L is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 5, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 400 (Oak Cliff Pond Trunk Storm Sewer Outlet) and authorize the certifica- tion to the County for collection of unpaid assessments to be spread over 15 years at 11.08 interest. IN FINAL ASSESSMENT HEARING PROJECT NO: 400 SUBDIVISION/AREA:OAK CLIFF POND (AP -10) FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES EjArea Laterals Service Lat. Benefit/Trunk TORM ® Area Laterals $0.012 (1) $0.012 50.023 (2) $0.023 NUMBER OF PARCELS AFFECTED: 'NUMBER OF YEARS ASSESSED: RATE.OF INTEREST: FINAL SANITARY RATES ❑ Area EjLaterals ❑ Service Lat. Benefit/Trunk STREETS Gravel Base Surfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $28,995.36 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: Contract 84-11 'PUBLIC:HEARING DATE: JUNE 5, 1984 :F.R. RATES (1) Difference Beween Single Family and Multi -family Rate (2) Difference Between Single Family and IndustriallCommercial Rate M Agenda Information September 17, 1985 Page Twenty-four Memo City Council Meeting PROJECT 404 FINAL ASSESSMENT HEARING G. Project 404, Final Assessment Hearing, Lexington Place South & Lexington Place 2nd Addition (Utilities) --On August 20, the final assessment roll for Project 404 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on pagesq j5is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 5, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing to be held on September 17, 1985. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 404 (Lexington Place South & Lexington Place 2nd Addition - Utilities) and authorize the certification to the County for collection of unpaid assessments to be spread over 5 years at 11.0% interest. • 9/ FINAL ASSESSMENT HEARING PROJECT NO: 404 SUBDIVISION/AREA: LEXINGTON PLACE SO & 6 LOT EQUIVALENT FINAL ASSESSMEENT HEARING: SEPTEMBER 17. 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. -R. = Feasibility Report FINAL F.R. WATER, - RATES RATES SANITARY LXX Area S241-73 $306.75 qj Laterals $873.43 $1,057.00 D Service $729.39 $760.00 ® Lat. Benefit/Trunk $111.98 $112.00 * Services include both sanitary STORM ® Area $426.54 $537.00 ® Laterals $803.34 $1198.00 NUNBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: TOTAL AMOUNT ASSESSED: FINAL RATES 0 Area Ej Laterals $1,631.0 Fj Service n Lat. Benefit/Trunk =_r and watermain STREETS 11 Gravel Base F] Surfacing El Res. Equiv. CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-14 PUBLIC HEARING DATE: June 5. 1984 ■Lv 1 F. R. RATES $2,045.00 FINAL ASSESSMENT HEARING PROJECT NO: 404 SUBDIVISION /AREA:- LEXINGTON 2ND ADDITION FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED ASID/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER - RATES RATES OArea Laterals $489.36 $400.00 Q Service $309.40 $314.00 ® Lat. Benefit/Trunk $112.77 $119.00 * Services include both sanitary sewe TORM SANITARY Area n Laterals Service R Lat. Benefit/Trunk and water. STREETS ElArea ❑ Gravel Base ® Laterals $134.47 $192.00 F] Surfacing 0 Res. Equiv. NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: TOTAL AMOUNT ASSESSED: CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-14 PUBLIC HEARING DATE: June 5, 1984 173 2 FINAL F.R. RATES RATES $122.97 $2 • FINAL ASSESSMENT HEARING PROJECT NO: 404 SUBDIVISION/AREA: FINAL ASSESSMENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R.,= Feasibility Report • Area A) Williams & B) SW 1/4 14, C) SW 1/4 14, • Laterals Service A) Williams & B) SW 1/4 14, C) SW 1/4 141 Larue ($/Lot) 043-53 ($/AC.) 044-53 Larue 043-53 044 -53 - Lat. Benefit/Trunk A) Williams s Larue Add B) SW 1/4 14, 043-53 C) SW 1/4 14, 044-55 D) SE 1/4 15, 013-76 E) St. Franciswood, Outlot A FINAL RATES $ 535.00 $ 1,120.00 $ 1,120.00 $ 398.14 $ 779.58 $ 779.58 $ 10.84 $ 10.84 $ 10.84 $ 10.84 $ 17.87 F. R. RATES $ 535.00 $ 1,120.00 $ 1,120.00 $ 1,882.00(1) $ 1,882.00(1) $ 1,882.00(1) $ 10.84, 10.84 $ 10.84 $ 10.84 $ 17.87 * (1) Services include watermain only in final cost and include watermain and .sanitary sewer in preliminary cost. SANITARY Area Laterals A) SW 1/4 14, 030-53 B) SW 1/4 14, 041-53 Service Lat. Benefit/Trunk V FINAL RATES $ 13.10 $ 13.10 3 F. R. RATES $ 13.10 $ 13.10 STORM Area A) SW 1/4 14, 043-53 B) SW 1/4 14, 044-53 Laterals FINAL RATES $ 2,970.00 $10,977.03 F. R. RATES $ 4,993.00(2) $10,695.00 * (2) Final area substantially less because of large lot credit. NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: 5years RATE OF INTEREST: 11% • TOTAL AMOUNT ASSESSED: CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: JUNE 5, 1984 n 84-14 • Agenda Information September 17, 1985 Page Twenty-five Memo City Council Meeting PROJECT 410 FINAL ASSESSMENT HEARING H. Project 410, Final Assessment Hearing, Lone Oak Road (Trunk Storm Sewer Outlet) --On August 20, the final assessment roll for Project 410 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page_ is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on October 16, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 410, Lone Oak Road - Trunk Storm Sewer Outlet) and authorize the certifica- tion to the County for collection of unpaid assessments to be spread over 15 years at 11.0% interest. • Wa FINAL ASSESSMENT HEARING PROJECT NO: 410 SUBDIVISION/AREA: LONE OAK POND OUTLET FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report - FINAL F.R. WATER RATES RATES Area • Laterals Service Lat. Benefit/Trunk SANITARY nArea n Laterals Service Lat. Benefit/Trunk STORY STREETS O Area 50.45 SO.45 Gravel Base Laterals Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 9 NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $6,850.40 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-1 PUBLIC HEARING DATE: October 16, 1984 97 FINAL F. R. RATES RATES Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty-six PROJECT 411 FINAL ASSESSMENT HEARING I. Project 411, Final Assessment Hearing, Birch Park Addition & Patrick Eagan Park (Trunk Storm Sewer Outlet) --On August 20, the final assessment roll for Project 411 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page- is a summary tabulation of the final assessment rates as compared to those quoted in the feasi- bility report presented at the public hearing held on July 17, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 411 (Birch Park ,Addition & Patrick Eagan Park - Trunk Storm Sewer Outlet) and authorize the certification to the County for collec- tion of unpaid assessments to be spread over 15 years at 11.0% interest. I • FINAL ASSESSMENT HEARING PROJECT NO: SUBDIVISION/AREA: PATRICK EAGAN PARK/BIRCH PARK ADDITION FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report - FINAL F.R. WATER RATES RATES SANITARY OArea •� Laterals Service Lat. Benefit/Trunk STORM ® Area $0.45($/SF) $0.45 © Laterals $199.66($/Lot) NUMBER OF PARCELS AFFECTED: -14 NUMBER OF YEARS ASSESSED: 15 years RATE OF INTEREST: TOTAL AMOUNT ASSESSED: $356,875.88 Area n Laterals Service Lat. Benefit/Trunk STREETS E] Gravel Base Surfacing Res. Equiv. CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-16 PUBLIC HEARING DATE: .7n1y 17 1984 WA FINAL RATES F. R. RATES -JCl•�.s'"•Siq�^�i1�-.: .w'�:ihJ �i•�iGWi�: �."^�'.rb'... ..fRy�R J't.:r 'e'4. L:Y:?.S^. .-.•SNC. lSe^ �,J[ii�Ffti _.r��%:.l�y'�.�. Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty-seven 415 FINAL ASSESSMENT HEARING J. Project 415, Final Assessment Hearing, Cedar Cliff Commercial Park (Streets & Utilities) --On August 20, the final assessment roll for Project 415 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on September 18, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 415 (Cedar Cliff Commercial Park - Streets & Utilities) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 10 years at 11.08 interest. 0 FINAL ASSESSMENT HEARING PROJECT NO: 415 SUBDIVISION/AREA: CEDAR CEDAR CLIFF COMMERCIAL PARK FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES DArea ODLaterals nService O Lat. Benefit/Trunk $19.302 $27.97 TORM El Area ® Laterals $0.059 $0.092 NUMBER OF PARCELS AFFECTED: 2 NUMBER OF YEARS ASSESSED: 10 years RATE OF INTEREST: FINAL SANITARY RATES ❑ Area n Laterals $14.198 Service F] Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $195.385.80 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: AA -?n PUBLIC HEARING DATE:_ September 18, 1984 /o F. R. RATES $13.78 $54.465 $43.03 Agenda Information September 17, 1985 Page Twenty-eight Memo City Council Meeting PROPOSED 1986 GENERAL GOVERNMENT BUDGET K. Proposed 1986 General Government Budget -- The first budget work session was scheduled at a Special City Council meeting on August 27 to review 1986 departmental requests and the City Adminis- trator's recommended budget for the 1986 General Fund Budget. There are seventeen (17) different divisions comprising the General Fund Budget. These divisions are grouped under approximately ten (10) different departments. The total budgetary requests for 1986 for all seventeen divisions was $7,617,110. Department heads worked on their manpower, capital and other expenditure requests • during the month of July. The City Administrator analyzed all division and department budgets and after reviewing revenue potential, proposed programs which include manpower and equipment projections, the budget was modified or reduced to $6,609,470. In order to fund the department request it would have been necessary to raise the mill rate and property taxes. Under the City Administrator's proposed budget, the mill rate increase was 1.8 mills which is much less than the original budget accumulative submitted by all departments. The City Council, upon review at the August 27 meeting and a second workshop meeting on September 10, 1985, is recommending that the mill rate increase be reduced to .8 of a mill, a reduction of one mill from the City Administrator's budget, and further that revenue projection be reduced to reflect a more conservative forecast for 1986. The budget that is generally being considered by City Council at this time for con- sideration at the Budget Hearing is $6,200,000. The budget for 1985 was $5,121,640. Due to the phenomenal growth, the City will require an increase in manpower, capital equipment and number of operating expenditures in order to provide a constant level of service i.e., snowplowing, police protection, etc. The City Administrator and Director of Finance will be present to discuss the proposed operating budget for 1986 and further answer any questions that may be raised by the audience. Overheads will be available and used if necessary. The purpose of the Budget Hearing is to allow community input into the development of the General Fund. If we want, an additional workshop session is tentatively scheduled for September 24. At the October 1 City Council meeting, the mill levy certification for the General Fund will be considered. ACTION TO BE CONSIDERED ON THIS ITEM: To accept any community input providing further direction on the development of the 1986 General Fund Operating Budget. There is no specific action required by the City Council. /OZ-, I Agenda Information September 17, 1985 Page Twenty-nine Memo City Council Meeting HRA TAX INCREMENT FINANCING FOR WESCOTT HILLS 4TH ADDITION A. Consideration of Tax Increment Financing for Wescott Hills 4th Addition Housing Project -- The developers of a townhouse rental project entitled Wescott Hills 4th Addition, John Houston and Darrel Gonyea, are requesting that the HRA consider an interest rate reduction program for financing this development. The project is located south of Yankee Doodle Road, west of Carriage Hill Golf Course and east of Elrene Road. The City Council has given approval to all land use requirements and further authorized multi- family housing revenue bonds in the amount of $1,880,000 at the June 18, 1985, City Council meeting. In order to consider an interest rate reduction program for any project, the HRA must meet • and review the program and if they find the program acceptable, recommend the same to the City Council who would then set a Public Hearing to consider the actual tax increment financing. For additional information on the program, please refer to a letter from Miller & Schroeder Municipals, Inc.; a copy of the application and program for the construction,/ of this multi -family housing development is enclosed on pages W through . The City Administrator will announce before the agenda item the need to suspend the City Council meeting and convene as an HRA. ACTION TO BE CONSIDERED BY THE HRA: To approve or deny the interest rate reduction program as requested by the developers for the Wescott Hills 4th Addition Project. Special Note: The HRA meeting is then adjourned with the City • Council reconvening their regular meeting. /d3 Toll Free Minnesota (800) 862-6002 Toll Free Other States (800) 3286122 - Miller & Schroeder Municipals, Inc. Northwestern Financial Center. 7900 Xerxes Avenue South. Minneapolis, Minnesota 55431 • (612) 831-1500 August 15, 1985 Mr. Thomas Hedges City Administrator City of Eagan • 3830 Pilot Knob Road Eagan, Minnesota 55121 RE: $1,880,000 City of Eagan Multifamily Housing Revenue Bond Wescott Hills Fourth Edition Dear Mfr. Hedges: As we discussed Wednesday, please find enclosed an application for Tax Increment Financing/Interest Rate Reduction by Wescott Hills Limited Partnership for the proposed Wescott Hills Fourth Edition. The City Council gave preliminary approval for Multifamily Housing Revenue Bonds for this proposed 32 -unit project in June, 1985. The Developers, John Houston and Darrel Gonyea, are requesting that the HRA consider an • Interest Rate Reduction Program for the above -referenced project which would result in a 50% reduction in Real Estate taxes for up to ten years from the time the bonds are issued to finance the project. At such time you feel it would be convenient to meet with the developers, Paul Hauge, Holmes & Graven as Legal Counsel involved in preparing our Tax Increment Plan for the HRA City Council consideration and myself, please let me know. Might we suggest the week of September 9th. In the interim, we will coordinate the presentation for the HRA's consideration which will support the developer's request for a 50% reduction in Real Estate Taxes. This presentation will include many. of the points which have been discussed as concerns of the City Council in the past with respect to the Can -American project. Headquanem Minneapolis. Minnesota BranchOmces: Do to Minneapolis•Solana Beach,Califomia•Santa Monica.California- Northbrook Illinois -SC Paul.Minnesaa• Naples. Florida -Tallahassee. Flonda•CarsonCity. Nevada Member of me Securmes In.esrar Pm Coroo..n Mr. Thomas Hedges August 15, 1985 Page Three We look forward to assisting the City once again in a Tax Increment Program which will result in high quality affordable housing for the City of Eagan. Very truly yours, MILLER & SCHROEDER MUNICIPALS, INC. Marcia A. Cohodes Assistant Vice President MAC/blh Enclosures cc: Paul Hauge, Esq. 'V, John Houston Gene VanOverbeke • • 1 ' Mr. Thomas Hedges August 15, 1985 Page Three We look forward to assisting the City once again in a Tax Increment Program which will result in high quality affordable housing for the City of Eagan. Very truly yours, MILLER & SCHROEDER MUNICIPALS, INC. Marcia A. Cohodes Assistant Vice President MAC/blh Enclosures cc: Paul Hauge, Esq. 'V, John Houston Gene VanOverbeke • • E CITY OF FAGAN, MINNESOTA Interest Rate Reduction Program Application 1. Name of Project Project Address Date August 7, 1985 Wescott Hills Fourth Addition Yankee Doodle Road & Mike Collins Drive 2. Applicant Name John C. Houston and Darrel E. Gonyea • Address 9100 West Bloomington Freeway, Suite 157, Bloomington, MN 55431 Contact Person John C. rouston Darrel E. Gonyea Telephone Numbers (612)423-2995 (612)333-1112 3. Form of Business (check one) Sole Proprietorship Partnership X Corporation If partnership, include names of partners and ownership interest. John C. Houston - 50% Darrel E. Gonyea - 50% • 4. Partnership's Legal Counsel (firm name) Best & Flanagan 3500 IDS Tower Address Minneapolis, MN 55402 Contact Person _ Telephone Number �-Y Jim Olson 612)339-7121 -1- 5. Experience in multifamily construction and/or rehabilitation. CITY PROJECT NAME # UNITS Apple Valley Farquar Hills 100 Lakeville Acorn Hts 10 and various other development projects in Bloomington, Eden Prairie and Eagan. 6. Project Description: 35 Townhouse units in Wescott Hills Fourth is Addition in Eagan, Minnesota. The project will include two 10 -unit buildings, one 7 -unit building, and two 4 -unit buildings for a total of five buildings. Each townhouse unit will have a two -car attached garage. There will be a mix of 2 and three bedroom units. Each unit will have its own heating and air-conditioning system with separately metered gas and electric services. 7. The total cost of the project will be approximately $ 2,373,000 • 8. Attach a site map showing zoning of all adjacent property. 9. Are there any unusual site conditions requiring excessive site preparation activities prior to construction? No Yes X If yes, specify: Sewer and Water Utility service stubs are not adequate for the project. Therefore, cuts will have to be made into the existing sewer and water mains for these connections and the existing street surface and concrete curb and gutter will have to be restored. -2- 11. Is this project to be financed with the City's tax -exempt -.'bonds? No Yes X If yes, attach one copy of your Multifamily Housing Bond Program Request. program attached. If no, complete sections 12 and 13. 12. Source and Use of Funds • Source Type and amount of financing Developer Equity Other Total Use Construction Costs Other Total -3- 10. Proposed monthly rent structure with interest -rate reduction assistance: 1986 Structure $ Efficiency $ One Bedroom $ 660 Two Bedroom $ 720 Three Bedroom Proposed monthly rent structure without interest rate reduction assistance: $ Efficiency $ One Bedroom • $ 726 Two Bedroom 792 $ Three Bedroom 11. Is this project to be financed with the City's tax -exempt -.'bonds? No Yes X If yes, attach one copy of your Multifamily Housing Bond Program Request. program attached. If no, complete sections 12 and 13. 12. Source and Use of Funds • Source Type and amount of financing Developer Equity Other Total Use Construction Costs Other Total -3- 13. Appraised value of project $ 2,400,000 Source of Appraisal (check one) MAI X Other If other, identify some source and method of determining appraised value. J 14. Attach a one page summary describing why you feel your project needs tax increment assistance. Summary attached. • Please remit your check in the amount of $500 payable to the City of Eagan, to the attention of: Ms. Marcia A. Cohodes MILLER b SCHROEDER MUNICIPALS, INC. 7900 Xerxes Avenue South Suite 2300 Minneapolis, Minnesota 55431 f Include two copies of this application with your check. -4- PROGRAM FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eagan (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's 462C Housing Plan, adopted on April 17, 1984 (the "Housing Plan"), including • particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private mar- ket financing for the acquisition and rehabilitation of multifamily housing units; (iii) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, inadopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs to the City, including future administrative expenses; (v) the restrictions of the multifamily development to be financed under the Program; and (vi) certain other limitations. The City has received a proposal from Mr. John Maiston and Mr. Darrel E. Gonyea that, pursuant to the authority found in the Act, the City approve a program providing for the construction of approximately thirty-five (35) units of rental housing ("Housing Units") located southwest of Yankee Doodle Road and Mike Collins Drive in the City (the • "Project"). issuance of The construction of the Project is to be funded through the up to $2,100,000 in revenue bonds issued by the City (the "Bonds"). It is proposed that the bonds be sold publicly through an underwriter and that the Bonds will include some form of credit enhancement, such as additional collateral, insurance or a letter of credit, in order to provide favorable interest rates. Following construction of the Project, the Developer, or a related entity, will own and operate the Project as a multifamily residential rental project. The thirty-five (35) townhouse units will consist of two bedroom apartments, of which twenty percent (20%) of the units will be specifically reserved 1; for tenants whose incomes are not greater than eighty percent (80%) of the area median income. It is estimated that rents for the Housing Units will be between $595 and $635 per month. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's 462C Housing Plan, adopted on April 17, 1984 (the "Housing Plan"), including • particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private mar- ket financing for the acquisition and rehabilitation of multifamily housing units; (iii) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, inadopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs to the City, including future administrative expenses; (v) the restrictions of the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) house- holds with incomes at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions; (iv) families with children; and (v) accessibility to the handicapped. The Project will be rehabilitated and financed pursuant to Sub- divisions 1 and 2 of Section 462C.05 of the Act. Subsection A. Definitions The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. • (2) "Adjusted Gross Income" shall mean gross family income less $750 for each adult and less $500 for each other dependent in the family. (3) "Bonds" shall mean the Revenue Bonds to be issued by the City to finance the Program. (4) "City" shall mean the City of Eagan, County .of Dakota, State of Minnesota. (5) "Developer" shall mean, Mr. John C. Maiston and Mr. Darrel E. Gonyea. (6) "Housing Plan" shall mean the City of Eagan 462C Housing Plan, adopted on April 17, 1984, setting forth certain information required by the Act. (7) "Housing Unit" shall mean any one of the market rate apartment • units located in the Project, occupied by one person or family, and con- taining complete living facilities. (8) "Land" shall mean the real property upon which the Project is situated. (9) "Program" shall mean the program for the financing of the Pro- ject pursuant to the Act. (10) "Project" shall mean the multi -family housing development con- sisting of thirty-five (35) market rate Housing Units to be constructed by Mr. John C. Maiston and Mr. Darrel E. Gonyea on the Land, subject to review and approval by the City Council in accordance with the Eagan Zoning Ordinance. -i- Subsection B. Program for Financing the Project It is proposed that the City establish this Project to construct thirty-five (35) townhouse units to be owned by the Developer, or a related entity, at the price and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the Lender and the Developer. To do this, the City expects to issue Bonds, the proceeds of which will be loaned to the Developer for the acquisition and rehabilitation of the Project. It is expected that a Trustee will be appointed by the City to monitor the rehabilitation of the Project and any payments of principal and interest on the Bonds. The cost of a credit enhancement item will be borne by the Developer and payable in addition to the principal and interest on the Bonds. It is contemplated that the Bonds shall contain a maturity of at least ten (10) years and will be priced to the market at the time of issuance. • The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a trustee, experi- enced in trust matters to administrate the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reim- bursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program. The Bonds will not be general obligation bonds of the _ Cids City, but are expected to be paid from properties pledged to the payment . thereof, which may include a credit enhancement item such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions to the Program It is not contemplated that any additional financing or contributions • from the City will be needed for the completion of the Project, or for the operation of the Program. Subsection D. Standards and Requirements Relating to the Financing of the Proiect Pursuant to the Proeram The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program. (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and rehabilitation of the Project, which will provide thirty-five (35) market rate residential units. The funds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Developer. (2) The Developer or subsequent owner of -the Project, will not arbi- trarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, age or ( -- statue with regard to public assistance or disability. �fv (3) No Housing Unit may be in violation of applicable zoning ordi- nances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. , (4) Pursuant to Section 462C.05, Subdivision 2 of the Act, at least twenty percent (20X) of the Housing Units vll be held for occupancy by families or individuals with an Adjusted Gross Income not in excess of eighty percent (80X) of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis -St. Paul metropolitan area. The remaining Housing Units in the Project shall be designed to be affordable by persons and families with an Adjusted Gross Income not in excess of the limits set forth in Section 462C.03, Subdivision 2 of the Act. Subsection E. Evidence of Compliance The City may require from the Developer or such other person deemed • necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City of its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Developer or such other person deemed necessary concerning compliance k " with various aspects of this Program. Subsection F. Issuance of Bonds C; To finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its Revenue bonds in an aggregate principal amount estimated to be approximately $2,100,000. The bonds • shall be issued prusuant to Section 462C.07, Subdivision 1 of th Act, and shall be payable primarily from the revenues of the Program authorized by this Section. Subsection G. Severability The provisions of this Program are severable and if any of its pro- visions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the deci- sion of such court shall not affect or impair any of the remaining pro- visions. Subsection H. Amendment The City shall not amend this Program while Bonds authorized hereby are outstanding to the detriment of the holders of such Bonds. 0 WESCOTT HILLS FOURTH ADDITION SUMMARY OF REASONS WHY TAX INCREMENT ASSISTANCE IS NEEDED C This is a Townhouse Rental project. As such it will provide a unique rental housing alternative for Eagan residents. However, the very nature of this type of housing makes it more expensive to provide on a per dwelling unit basis as compared to the typical rental apartment project. The main reasons for the higher cost for townhouses area 1) Higher land costs due to lower density (6.18 units per acre for Wescott Hills Fourth Addition as compared to 12-16 units per acre for apartments), 2) Higher site improvement costs also related to the lower density which requires more streets and utilities per dwelling unit, and 3) Higher building construction costs per unit because of the larger square footage of living space, attached two -car garages with each unit, and separate heating, air-conditioning and laundry facilities for each unit. While the lower density and larger units will command higher rents than the typical apartment - the market will not support rents high enough to provide a •reasonable rate of return on the additional capital investment. This fact is apparent from an analysis of the Appraisal report prepared by Shenehon & Associates, Inc. in which the Cost Approach to Value in the Appraisal (page 20) is $2,300,000 but the Income Approach to Value (page 30) is only $2,150,000. The City of Eagan and the Minnesota Housing Finance Agency have approved this project for $1,880,000 in Multifamilly Housing Revenue Bonds based on 80% of the $2,350,000 estimated market value of the project. The duly 24, 1985 Financial 'Analysis of the project by First Capital Resources Corporation estimates that the C�t Operating Income would support a FNMA Bond Issue of only $1,702,830 assuming a 'gross final rate of 9.75% on the mortgage. This represents a shortfall of $177.170 less than the normally expected 80% mortgage. If the annual Net Operating Income (NOI) were about $21,006 higher this shortfall would be covered (based on a gross mortgage rate of 9.75% on a 30 year mortgage with a 1.15 debt coverage,ratio). In addition, another factor which came up subsequent to the Appraisal and Bond •Inducement hearings is a change in Federal policy with respect to Income Limits and Maximum Rents which adversely impacts this project. Prior to the change 20% of the units had to be reserved for households with an income of less than 80% of the median for the area. The requirement was interpreted as about $27,000 for Eagan regardless of the family size or number of bedrooms and the Appraiser did not feel that it would have any material adverse affect on the income of the project. Now, under the new policy the Income Limits are trended for family size and number of bedrooms which results in maximum rents as low as $460 for a person with an income of $18,400. If we assume that 20% of our typical 2 BR units which have a projected market rent of $660 for 1986 (page 28 of Appraisal) must be rented at $590 (based on the max rent for a family of 3 with an income under $23,600) - this factor alone will reduce our annual NOI by $5,880. This change is not reflected in the Appraisal nor is it reflected in the aforementioned analysis by First Capital. Therefore, we are asking for a subsidy equivalent to $26,886 per year which would cover the $21,006 needed to bring the mortgage to 80% of value and the $5,880 needed to cover the rent subsidy to low income persons under the new regulations. We request that this be accomplished by allocating, for payment of bond interest, up to �26,886 per year of any Real Estate Taxes in excess of $4,903.06, which is the �__'urrent 1985 Base Tax on the undeveloped property. Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty =OLD=:BUSINESS° WESCOTT HILLS 4TH ADDITION/TAX INCREMENT FINANCING A. Consider Recommendation of HRA and Set Public Hearing to Consider Tax Increment Financing for Wescott Hill 4th Addition Housing Project -- The previous motion will establish direction for the City Council agenda item. If the HRA recommendation is approval of the tax increment financing program, it is then appropriate to set a Public Hearing to consider the interest rate reduction program as presented for the Wescott Hills 4th Addition Project. Assuming • the program is not acceptable and there is no favorable recommenda- tion by the HRA, there is no action to be taken by the City Council. A letter was submitted by the developers of the Wescott Hills 4th Addition Project discussing their reasons for pursuing tax increment financing on this project. Enclosed on pages through is a copy of that letter.* ACTION TO BE CONSIDERED ON THIS ITEM: If the HRA submits a favorable recommendation for a tax increment financing program considering the Wescott Hills 4th Addition Project, it is appropriate to set a Public Hearing for the October 15, 1985, meeting to consider this financing arrangement. *Applicant was unable to deliver the letter to City Hall on Friday before this packet went out. It will be included with Additional Information on Monday. • 115 Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-one REZONING & PRELIMINARY PLAT/LEMAY LAKE HILLS B. Rezoning from A to Planned Development and Preliminary Plat for LeMay Lake Hills Consisting of Approximately 13.69 Acres Containing 8 Single -Family Lots and 40 Apartment Units -- A public hearing was held by the Advisory Planning Commission at a regular meeting held on July 23, 1985, to consider two (2) applications submitted by Al Kempf to consider (1) rezoning of approximately 13.69 acres from A to PD and (2) a preliminary plat to subdivide the area into 8 single-family lots and 5 multiple dwelling lots consisting of 40 dwelling units on the 5 lots. Action taken by the APC was to recommend approval of this application by the City Council. The City Council reviewed • these applications at a regular meeting held on August 20, 1985, and after much discussion and numerous questions, the item was continued for further consideration until the September 3, 1985, meeting. For additional information on the item, a copy of the Planning Consultant's report that was included in the last packet of information is again enclosed on pages // through For a copy of the APC minutes, refer to pages i through The new information as prepared by the applicant with a written review by the City Planning Department is enclosed on pages /.35 through /,3}j for your consideration. Also enclosed and referenced as page -135 is a sketch relating to an apparent landlocked parcel. The Advisory Parks & Recreation Commission reviewed the preliminary plat entitled LeMay Lake Hills at its August 15 Commission meeting. • The Commission is concerned about the setback of the homes from the lake and that adequate erosion control measures be taken during construction. After further review of the plat, the Commission made the following recommendations: 1. The plat be subject to a cash dedication requirement. 2. A trailway on Towerview Road and the proposed street to Pilot Knob Road be included. 3. A trailway along Lone Oak Road from the proposed road to Piiot Knob be included. 4. That adequate erosion control measures be taken in construction and grading of this preliminary plat as well as home construction. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny 1) the rezoning to a planned development and 2) a preliminary plat. 116 -- CITY OF EAGAN -- SUBJECT: Rezoning and Preliminary Plat APPLICANT: Al Kempf LOCATION: Northeast Quadrant of Towerview Road & Pilot Knob Road EXISTING ZONING: Agricultural DATE OF PUBLIC HEARING: July 23, 1985 DATE OF REPORT: July 17, 1985 REPORTED BY: John S: Voss, Planning Consultant APPLICATION SUMMARY: An application has been submitted for a rezoning of an approximate 13.69 acre area from Agricultural to Planned Development. A second application has been submitted for a Preliminary Plat in order to subdivide the area into eight (8) single family lots and five (5) multiple dwelling lots. Each of the multiple dwelling lots would be developed with an "eightplex" for a_total of 40 multiple dwelling units on the five (5) lots. The preliminary plat also provides for a local residential street which would extend from Lone Oak Road on the north to Towerview Road on the south. ZONING AND LAND USE: The proposed rezoning from Agricultural to Planned Develop- ment - is consistent with Eagan's Comprehensive Plan in that this property is designated for Residential R -II development. This would permit three (3) to six (6) units per • acre which would be a range of 41 to 82 dwelling units over this 13.69 acre parcel. The developer is proposing 40 multiple dwelling units and eight (8) single family homes for a total of 48 units. This property would also be subject to the City's Shoreland Management Ordinance N77. It appears that the provisions of this Ordinance are met except for the minimum lot area requirements of 10,000 square feet per unit for waterfront multiple dwellings on "General Development Waters" as provided in Section 77.03 -of the above -referenced Ordi- nance. This matter will have to be reviewed with the Minnesota Department of Natural Resources as provided by the Ordinance. CODE COMPLIANCE: It appears that the preliminary plat complies with the minimum require- ments of Eagan City Codes with the exception of the Shoreland Ordinance as referenced above. /l7 Planning Report - City of Eagan Subject: Rezoning and Preliminary Plat Applicant: Al Kempf July 17, 1985 Reported by: John S. Voss, Planning Consultant Page 2 SITE PLANNING: The shape of this parcel and proximity to LeMay Lake and surrounding streets pose some development problems. Several development schemes have, been sub- mitted for this property over the past several years. This proposal, titled "LeMay's Lake Development", appears to be well-designed. It provides for a public street through the property. It also provides single family homes across the street from those which currently exist on Towerview Road. It also provides a single family home adjacent to the existing home at the intersection of Lone Oak Road and Pilot Knob Road. The remainder of this site would be developed with relatively small (eight unit) dwel- ling units backing upon Le May Lake. Some of the lots along Towerview Road would have `'double frontages which is not desirable, however, this cannot be avoided if a through street is to be provided. Also, the through street would parallel Pilot Knob Road for approximately 450 feet and would be at an elevation considerably below Pilot Knob Road. As such, a planting screen should be provided in addition to the change in elevation so that traffic along Pilot Knob Road is not confused by the adjacent traffic flow along the internal street. Also, it appears that the proposed parking areas on Lots ,i6and #7 of Block #2 would not meet the minimum 20 foot setback requirement of the Eagan Zoning Ordinance. Either this would have to be redesigned or a Variance would have to be obtained from the City. 0 //g • • W CITY OF EAGAN SUBJECT: LEMAY LAKE HILLS, PRELIMINARY PLAT APPLICANT: AL KEMPF LOCATION: NW. OF THE NWa OF SECT. 10, N. OF TOWERVIEW RD. EXISTING ZONING: A (AGRICULTURE) TO P.D. (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: JULY 23, 1985 JULY 18, 1985 ENGINEERING DEPARTMENT GRADING/DRAINAGE: The grading as proposed by this developer is feasible. However, it will require the construction of 600 ft. of retaining wall adjacent Pilot Knob Road. The retaining wall height varies but the northern portion is ;approximately r,13 .ft. high. Other aspects of this grading plan include a maximum of an 8% street grade off of Lone Oak Road. (Although this is . not shown as such, the. developer did not show a 2% landing area , at Lone Oak Road. Incorporating this results in an 8% grade..),.._ Also, several areas of 3 to 1 slopes are required to incorporate this grading plan. Although none of the above factors are in . excess of City Codes, staff felt they are at least worth mentioning.''_- The proposed grading plan will slightly alter the existing drainage pattern over this site. About two-thirds of this site will drain into the public street. Proposed catch basins at the street low point over the existing storm sewer outlet line from LeMay Lake will collect this runoff. The remaing one-third will continue to drain into LeMay Lake. Therefore, it is important that the developer submits a detailed erosion control plan for review by staff so that erosion and sedimentation into LeMay Lake is kept to an absolute minimum. Because the trunk storm sewer outlet from LeMay Lake is in place, in addition to all downstream trunk storm sewer, this development will not require any further extension or upgrading of trunk storm sewer facilities. SANITARY SEWER: This development proposes to extend sanitary sewer from the existing 8" sanitary sewer line located about in the middle of this development. This is feasible because the existing sanitary sewer is of sufficient, depth and capacity to allow these extensions. Staff recommends that sewer be extended to provide service to the existing house. i/9 PRELIMINARY PLAT LEMAY LAKE HILLS JULY 23, 1985 PAGE 2 This development will not require any upgrading or installation of new trunk sanitary sewer facilities. WATER MAIN: This development proposes to connect the existing 6" water main within Towerview Road and loop it through to connect to an existing 16" water main within Lone Oak Road. Both existing lines are of sufficient size and capacity to allow this looping. This development will not require any trunk water main improvements. STREETS: Towerview Road, Pilot Knob Road and Lone Oak Road border this development on its south, west and north, respectively. • Towerview Road is designated as a City residential street. Pilot Knob Road and Lone Oak Road are designated as major collector streets and under the jurisdiction of the Dakota County Highway Department. Although the classification of Towerview Road is as a residential street, it is not up to City standards. As a condition of this proposed development, the upgrading of Towerview Road to City standards should occur. This will require the paving and installa- tion of concrete curb and gutter for on Towerview Road. The proposed public street connecting Towerview Road and Lone Oak Road shall be a residential street built to City standards. Because of the grade differences between Pilot Knob Road and the proposed internal public street, staff does not feel the close proximity of each will pose problems. RIGHT-OF-WAY/EASEMENTS: Right-of-way for Pilot Knob Road and • Towerview Road exist as highway easements. Staff proposesded- ication of right-of-way as follows: Street Pilot Knob Road Lone Oak Road Towerview Road ;S Right -of -Way Width 55 ft. 60 ft. 30 ft. The developer of this area is proposing to dedicate a 50 ft. wide right-of-way for the internal street. Because this internal street is serving only this development, staff agrees with the developer proposal for the 50 ft. dedication. Staff will require easements over the sanitary sewer and water main not located within public right-of-way. These easements must be a minimum of 30' in width. All other easements required shall be in accordance with City Code. /ao N PRELIMINARY PLAT - LEMAY LAKE HILLS JULY 23, 1985 PAGE 3 ASSESSMENT: Research into the assessment regarding this site indicate this site is still responsible for trunk area watermain and upgrading of trunk area storm sewer from residential to multiple rates. These are summarized in the following table. Est'd 1985 Description Qty Date Amount Trunk Area Watermain 8.64 Ac. (1) $1,190/Ac. $10,280 Trunk Area Storm 376,670 sq. ft. ('1) $0.013/sq. ft.(2) $4,900 • Sewer Upgrading (1) Net Area (2) Difference between multiple & single family rates ($0.061-0.048) These assessments are due at the time of final platting at the rate I I in effect at that time. • PRELIMINARY PLAT JULY 23, 1985 PAGE 4 CONDITIONS: - LE211AY LAKE HILLS 1) The developer will be responsible for constructing the necessary guardrail/handrail between the retaining wall and the bike path along Pilot Knob Road. 2) The sanitary sewer shall be extended northerly to provide service to the existing house. 3) The upgrading of Towerview Rd. shall be approved prior to final plat approval. 4) A 55 ft. half right-of-way for Pilot Knob Rd., a 60' half right-of-way for Lone Oak Rd., and a 30' half right-of-way • for Toweverview Rd. shall be dedicated on the final plat. 5) A 30' width utility easement will be required over sanitary sewer and watermain not located within public right-of-way. 6) This development shall be responsible for trunk area watermain and the upgrading of trunk area storm sewer assessments from single family to muti family at the rates in .effect at the time of final plating. 7) All costs associated with this development regarding internal public improvements will be the sole responsibility of this development. 8) Park Dedication requirements shall be satisfied as recommended by the Eagan Park Commission and approved by the City Council. 9) The developer shall submit a detailed landscape plan providing • for a solid screen for the approximate 450 foot area where the proposed internal street parallels Pilot Knob Rd. prior to the approval of the final plat. 10) The developer shall provide a name for the proposed internal street. 11) All provisions of Eagan's Shoreland Ordinance #77, including density, shall be met prior to the approval of the final plat. 12) The minimum setback requirements for parking areas shall be met prior to approval of the final plat. 13) The preliminary plat shall be approved by the Dakota County Plat Committee prior to the approval of the final plat by the City. 14) A detailed landscape plan for the multiple dwelling area shall be submitted to the City staff and approved prior to the issuance of any building permits. �zv 0 0 IP7BAVM9Ei K ERICRICOCI(I RSOH ERCH, LEMAY'S LAKE NVELOPMENT i EAW4 MINNE60TA IWh9NN9R1 RhANR EnILMAON AhclltlEcl9, IN4 ",°�10 LLMAYt LAKE DEVELOPMENT ;.:__ ^ __ _ 0 t6tAL $1 ARTYfNT UMTS 140 ?afAL}4ANRt1,1D KOLXRCD• 1w t01 AL YiRRINO s1DwN- 100 Ul I r" Litt ILIIntI ULHI1 ' L¢MAY LAkki T. J II I, !I / T RNAIIK LRICK90N •......—.—__._. __..._.. _.. IES ' r,uu, lur MM k _ AININITLC C tut. �'"� le�.� �•�� ••• ••• •����� •��.Sr.a: L��t� LAIN HILLS °��"""'•""•'-�� BUR; MIM&BOTA ph@LIMINAgY U7LI7 PLAN 0 TOT^L t jq�RINEMT IBIITS-40 forµ rW liwq VXMRED - 100 19ML PWIPA 511QWH-100 I !/ 'i un unrPi xlF I r Ylryr rIrPI 4PF111 Ir/ // LEMAY LAKEI rrr'. r IY r A( PYryi L WP jrP er OA T PYuwl /YYYir i HiI•,T!M a o'j f1P 4NM 9414"9YfY/ 1 C bPP HPfI 11'FED RR�HM n. PCP ARCHITECTS, SON "_"_"_"'•_-- .,,,., AKH.7iIN._ PRELIMINARY GRAP.. INQ KANEAOANrMiNNcUTA .. •... KWIiH IHSS Y•H 4�Ain� p��CRIPTIAN a m"" I LEMAY'S LAKE i I orae ca ro '\ J. 7/.991911 __xr!nry t•nel�ir. \��\ ,BLOCK l\ �\ u,roo pr6 III 7Aioo ,a •r % !—Js4. AWN 0 Ir f% i i It -Ill 1..911 u .• • ..m sr'a '4rvu .Dona awns �b f PIAT-rNPR-HW-- I10VII'Y-.... - Su�r5141 ' INifpINO .. 1MPHN,-; M .m w, iINC,. uua M•nuai, • ns,e a u.n R. 111'11oa •• � PRELIMINARY PEAT SWAY WP HILI-§ I_ __ _. ... a _ r '!II brr uinglY.iir..___.__ nmatfmn ._ _.._�11NN • 'Y' C ICI'•••-•:.' lu.x.nrve (✓n✓.W:1w i1Y11A' 9' IP 1 ,.., x.•r�I rYl i,' IP Tlij�+-1lP1V� •� •,efy..U:... •Ipenry rP 4'......•....a'n.t• y IP ' I'C 0. more 1 IY'•YI}-•III' .••• �Y IG IP �4.'111'Yx�f11HY''94,Nn„1 a',1• i' �YwiY IINWH- INtf tt:tC x+r 7 -Y'- � 1'P.: ". ry,w-�. xr'}�•:x✓.xr, A -RLI TOTAL 0 APARTYEIII' IIINT9111 _ � � •b'4 - ,, — -"� I . MAL PAAKWO FISAWK 19A � � I Q �\ or ,\IN.�• IIti1 + 1�7„ �!� �r. t� .. I I II C u �aereteclr. ole LEMAY'S 1 AKE DEVELO51 PM NT r + ) 2:1 ",+,�^'^ EAOAN, MIHNf:§QTA' IMS P— .w... �x +'' /J .r an l IndCOMMERCIALRANNEDDEVELDCi` NTSRIAid •:/ • :":. '.2• LLI Ij .. I. IP1211'. Ind flf Ib6-j Illi :1 GU' r if P RN til Ind /. RBD RN hill` 2 _- ; .. I.( © Intl Ind. ND LEI RII III RIII LB R -II P R-11. CSC, R-111.. M R-1 P RII �P I RII 21 .. R-1 a Ind R -I R.11r R -I R -I ' Ind R -II R-1 , V CSC P RI"H . RAI R RI ___: •'y IIP •� 'R.I .,., &II fl -II R.IIM R 1 .IIIJJJ r LD E LD E • •' [T�g '• .. 1•d [ III RIII RB RIII ..5., %""' R A. 1 +I•I VIII R -I I RIII RIII fll��I -:� I It 111 CSCIGB/LI RAI R-tl IRR4--1 R -III I I I R l. _ �� r �. 1 II I: 41 E I III _ P I• , C E fl,)1. 7... ;��, A -II Rdlj 'p ., �; ® U 1 R21 R-11 f'_l•. •, .I�. I•'. RI ��af Rll Nn,)!,r RI R -III LB I[jy R•I !• "--' I CSC 1` LB RB LB Z (IRIRIP. P R-1 R,tl q „I _ , _ R-11 Rai P I L , l --"!`�1 "�+J� II ..• , , 1� dmr[ unit[• LAND USE GUIDE PLAN RESIDENTIAL R -I single lamely (0ynl/acre) R -II mixed residenholOGwt/are) R -III mixed residenhol Si1211111 crc) R. IV multiple l•2unlVaCrrJ INDUSTRIAL Ina industrial R&D research Bde loPmenl COMMERCIAL LB limited business NB neighborhood business GB general business CSC Community shopping Center RSC regional shopping center RB roadside business OPEN SPACE P parks,quosl public E,M,NS,scnools FEB. 198 CITY OF EAGAN A !VIE EFFLE ACRE AL 5RIFOOL R4 FII PQ K PARK F) RD REY MENS L -B I'lc i 4f BHTS :;7a4 R'1111.1 R-4 w U.S. POSTAL SERVICE Ll R - 11A, r ,/a Rila �-4 R ADDITION I T 10 N ,, �' I RR -4 - G B L v T C� A R Er- I 0 Y Nl�-- RB L N M, SC I p ' ilot 4 '-2 ) �82-2 4 5 . I LB �j R-4 csc O'LEAkY PARK /7 PILOT XNOBR 4 C OsSROnF ADc I L--B(J:400 R MLS 'KEE EAGANDA 0 V I G13 FOMARK ADDITIC APC Minutes July 23, 1985 9. The developer shall meet the applicable requirements of the standard engineering conditions. 10. The developer shall submit plan profiles of the utilities and streets to the City staff for review and approval. . 11. All lots shall meet R-1 requirements. 12. The planned development for Lexington South shall be amended to conform with the plat of Wedgwood 2nd Addition and the density which is not used in the area of Wedgwood 2nd Addition shall not be shifted to the remainder of the planned development. All members voted in favor. LeMAY LAKE HILLS - REZONING b PRELIMINARY PLAT Chairman Hall convened the public hearing concerning the application of Al Kempf for rezoning from A Agricultural to PD Planned Development, for property located in part of the northwest quarter of the northwest quarter of Section 10, north of Towerview Road and for preliminary plat approval of LeMay Lake Hills consisting of approximately 13.69 acres containing 8 single family lots and 40 apartment units in the same area. Dale Runkle introduced the. application and reviewed the staff report dated July 17, 1985. He stated that there have been neighborhood meetings with the developer but City staff were not aware of the concerns of the neighbors. Greg Hollenkamp, the architect, and Al Kempf, the applicant, were present. Mr. Hollenkamp stated that the townhouse units would be two bedrooms, the buildings would.be two stories, there would be 8 units per building, that they would be rental units with the possibility of being converted to condominiums at a later time, and that the • rental rate would probably be around $500.00, but that he is not sure. In response to questions from the public, Mr. Kempf stated that the cost of the townhouses would be about $40.00 a square foot or about $40,000.00 per unit, that the vegetation by the lake would not be disturbed by the developer, that there would be 2 and 1/2 parking spaces per unit, one in the garage, one in front of the garage and 4 additional spaces for each building. Runkle stated that the parking provided would meet City Code. Mr. Kempf stated that the cost of the single family lots would range from $25,000.00 to $40,000.00 and that they would be sold individually, that there would be an approximate 120 foot buffer between Towerview Road and the townhouses, and that the street intersecting Towerview Road would do so west of Quarry Road. A neighboring property owner stated that the road at the south part of the plat would hit Quarry Road at the middle of Wachtler's house, that there is concern about traffic in the area, and that it would be preferable to have the road come out closer to Pilot Knob Road. Hall stated that there would be space needed for stacking along Towerview Road, and Hefti stated that 200 feet of stacking would be a minimum requirement. One neighboring property owner stated that the corner of Quarry and Towerview is hard to see around in the winter, and that it would be better to have the intersecting road farther from that intersection. Another neighbor stated a concern about rental units in the development, the lack of any real concept for the single family units, the /3l 10 APC Minutes July 23, 1985 possibility of many years delay before the single family units are sold or developed. Jerry Rodgers, resident at 1335 Quarry, stated that the development is inconsistent with the neighborhood, the rental units would be cheap, and that the current houses are well kept and have values in the $100,000.00 range. In response to questions from the commission, Hollenkamp stated that all single family lots meet ordinance requirements, that the single family lots will be sold to persons building houses on the lot, that there have been inquiries from the developers and individuals about lots in the area, and that the developer cannot afford to develop all of the subject property as single family because of the assessments and costs involved, and that each individual apartment unit would have a separate entrance onto a walkway area in the middle of the building. Wilkins raised questions concerning the retaining wall between the street and Pilot Knob Road, and the distance between the retaining wall and the sidewalk. Hefti stated that there would be about 10 • feet between the retaining wall and the sidewalk along Pilot Knob Road, and Hollenkamp stated that it would be possible to include a stairway from the street to Pilot Knob Road to keep children from cutting across yards. In response to questions from the commission, Kempf stated that the street in the plat will be a public street, that if the apartments are sold as townhouses, there will be an association and that if they are not sold, the developer will manage the project. Runkle stated that further review of the proposal in relation to the shoreland ordinance would need to be done by the staff, especially as it relates to the density of the proposal, and that staff could also look at making the street line up with Quarry Lane or moving the street to the west. Kempf stated his desire to sell the townhouse units eventually. Wold stated his concern that the proposal appears to be in between being a rental development and development for sale, and that part of the development might be sold and part would remain rental property. Runkle suggested the possibility of requiring that there be an association when a certain percent of the units are sold. Wold suggested that covenants could be required on the • single family lots to make them compatible with the neighborhood, especially as this would relate to the square footage of the homes. Trygg agreed that covenants could be helpful, and Hall stated that this appeared to be the best development plan that had yet been proposed for this property. Wilkins moved, Wold seconded the motion to recommend approval of the application of Al Kempf to rezone from A (Agricultural) to PD (Planned Development) approximately 13.69 acres located in part of the northwest quarter of the northwest quarter of Section 10, north of Towerview Road, subject to the condition that all procedures in the Shoreland Ordinance shall be followed concerning the consideration of exceptions to the Zoning Ordinance by consultation with City staff and concerning the submission of the proposed planned development to the Department of Natural Resources for its review and approval, and as part of the same motion, Wilkins moved, Wold seconded the motion to recommend preliminary plat approval of LeMay Lake Hills, consisting of approximately 13.69 acres containing 8 single family lots and 40 apartment units in the property described above, subject to the following conditions: 1. The developer shall be responsible for constructing the necessary guardrail/handrail between the retaining wall and the bike path along Pilot Knob Road. /3oZ, 11 APC Minutes July 23, 1985 2. The sanitary sewer shall be extended northerly to provide service to the existing house. 3. The upgrading of Towerview Road shall be approved prior to final plat approval. 4. A 55 foot half right-of-way for Pilot Knob Road, a 60 foot half right- of-way for Lone Oak Road, and a 30 foot half right-of-way for Towerview Road shall be dedicated on the final plat. 5. A 30 foot wiath utility easement shall be granted over sanitary sewer and watermain not located within public right-of-way. 6. This development shall be responsible for trunk area watermain and the upgrading of trunk area storm sewer assessments from single family to multi- family at the rates in effect at the time of final platting. 7. All costs associated with this development regarding internal public improvements shall be the sole responsibility of this development. 8. Park dedication requirements shall be satisfied as recommenaed by the Eagan Park Commission ana approved by the City Council. r. 9. The developer shall submit for staff approval a detailed landscape plan providing for a solid screen for the approximate 450 foot area where the proposed internal street parallels Pilot Knob Road prior to the approval of the final plat, and a landscape bond shall be established by City staff and„ provided by the developer at time of staff review. 10. The developer shall provide a name for the proposed internal street. - 11. All provisions of Eagan's Shoreland Ordinance including density shall be met prior to the approval of the final plat. 12. The minimum setback.requirements for parking areas shall be met prior to approval of the final plat. 13. The preliminary plat shall be approved by .the Dakota County Plat Committee, prior to the approval of the final plat by the City. 14. A detailed landscape plan for the multiple dwelling area shall be submitted to the City staff and approved prior to the issuance of any building permits. 15. The developer shall submit covenants for review and approval by City staff for the lots on Towerview Drive to insure compatibility of use and design with the homes currently existing on Towerview Drive. 16. The developer shall establish a townhome units for review and approval by City units to separate owners. /33 12 homeowners association for the staff prior to the sale of any APC Minutes July 23, 1985 17. City staff, the developer and neighbors shall study and discuss the feasibility of moving the road to the east or west at its intersection with Towerview Road and the location of the' road shall be established as recommended by City staff, prior to the approval of the preliminary plat by the City Council. McCrea stated that she believes that the Department of Natural Resources should review the density of the proposal before the City approves it. Voting in favor of the motion were Wilkins, Hall and Wold; voting against were Trygg and McCrea; and abstaining was Harrison. The motion passed. SUN CLIFF THIRD ADDITION - PRELIMINARY PLAT Chairman Hall convened the public hearing regarding the application of Robert Carlson for preliminary plat approval of Sun Cliff Third Addition, • consisting of 13.5 acres and containing 5 duplex Lots and 4 multiple buildings with a total of 48 units in pa t of the northwest quarter and northeast quarter of Section 29. Dale unkle introduced the application and reviewed the staff report of July 17, 985. The a veloper, Robert Carlson, appeared and stated that Patrick Hoffman d Chuck W nden were also present. Carlson stated that there would be no sha ed hallw ys in the multiple units, that all of them would be for sale, that th re will a three types of models ranging in price from approximately $60,000. 0 to a proximately $100,000.00, that there will be sixteen 1 1/2 bedroom units with 50 square feet, sixteen 2 -bedroom units with 1,096 square feet, andVwuld en 2 -bedroom plus den units with 3 baths and 1,500 square feet. He sthat the double bungalow units would each have 1,064 square feet and therbe good sound proofing in all of the buildings. Jay Tscherne, a neighboring own r on the east side of Blackhawk Road, appeared and stated that he had bee ass red by City staff that there would no • further access on Blackhawk Road ne r Co my Road 30, that the proposed access would come out very close to hi home nd that traffic would face his house directly, Jim Ashworth, a neighbo ing re ident at 4235 Blackhawk Road stated that the proposed access along B1 ckhawk oad cuts across.the bike path, that there could very well be floo ng in th area, as his neighboring property, just to the south, has been floo ed, that ees around the ponding area could be lost, and that aesthetically, the prop sal looks all right. Rich Hefti stated that he was not at t e hearings elating to the assessments and was therefore unaware of comments at might hav been made by City staff relating to the access. He stated that the access wo ld need to be 300 feet from the intersection in order to have proper stacki g distance from County Road 30. Runkle stated that the road could be shifte somewhat. Ashworth stated that Tom Colbert and Bob Rosene had stated that the a would be no more accesses in that area and that all accesses from that p operty would come off of Beaver Dam Road. Tscherne stated that it is almost impossible to cross County Road #30 and Blackhawk, and Hefti stated that the County had assured him that a 4 - way stop at, that intersection would be permanent until it is signalized, within the next five years. /3/ 13 MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: DALE C RUNKLE, CITY PLANNER DATE: SEPTEMBER 11, 1985 SUBJECT: UPDATE ON LEMAY LAKE HILLS - PLANNED DEVELOPMENT & PRELIMINARY PLAT The applicant has resubmitted a site plan, for the above referenced project, showing the relocation of the access road to Lemay Lake. The access road was shifted westerly and has been aligned between the two homes on the south side of Towerview Road. This road location should now be in a place that will minimize the impact on the adjacent residents. The applicant has also informed Staff that they can meet the City criteria for street grades within this development. This would mean a 2% landing area and a maximum of a 7 - 8% slope coming into this project. With the applicant meeting this criteria for street grades and access, the impact on adjacent residents would be minimized. In review of the August 20, 1985 City Council minutes, it appears.: that these two items were the only issues of concern and hopefully have been addressed with this revised site plan. Also, the City has received a petition from the residents of Towerview Road and Quarry Lane expressing their concern regarding the access road as it was originally proposed. Please find attached . to this memo the petition submitted to the City showing their concern as to access for this development. I trust this will address the items of contention from the August 20th Council meeting. If anyone would like additional information that was not provided in this memo or the original staff report, please advise so that this information can be provided. Sincerely, Dal Runkle DCR/jbd attachment /3s 0 LU O IN LEWY'S LAKE PILOT K 8 Om 0 1 txisnNc Hows ce- E5 I I. I —j— CSDI':iLSIGXE• ), RHJI•:CT T!D•: CITY PLANNEI:S SLGGE6TION THAT LE)LIY LAIO•: DEVELOP ENT ROAD SHOULD EXIT ON OR NEAR QU,UtRY ROAD. 1E BELIEVE A ROAD NEAR PILOT KN011 WOULD BETTER INGRESS AND EGRESS POLICE AND FIRE PROTEC - TION AND LESSEN IMPACT ON THE PRESENT RESIDENTIAL NEIGHBORHOOD. ��v reN ee _fry 7,a o To&vr/.'v1�'rr /a 7,5- 7ewceu,...v Ri). is 33 Q �� 3169 (j t 3Sz /J& oz aL�� 1-37 2n I N 13a9 T F-eC I3 j39 1`7 V� ! ,3 35 Q u.cut� o�2e 3/30 f,/at l-ho� - 138' • 0 NORTH uE: 1 . SIT j i I . n.n 7ESCRIPT ON ixa+xe $a ET. -- w.w .. LEMAY'S LAKE L. 2 QUARRY LN 1 T ,' �� , •'a u DRAINAGE EASEMENT 1/ ` •: o •ori i ��� �1 a 160057 53.700 aosr. SIX / 6 a,.,, .✓ i S:a 525 avc Lpao anr[ G W Sae» SO. rt. 375 SQ FT. �8li i. \•e 1✓`___ --- _~\ ';_•�../ 6 Cv^Y I I 16.725 SO. IT. \ jI e` • 56,625 5a Ft / p O j .N \ ` 6.,900 Spvr. l;i.1 36.100 as rt. �I I .: •f : \ \ III li l f \�, ' • 7.1x5 aa.7r.\ \ 11 Y �T- ---- - - 4 Ia1NU. f IRNDRffORV[VORf PRELIMINARY PLAT OF 42v-4 2)11515f� 7[..x5 mrt. BLOCK J Ij \ Y[OPOaEO I STREET \ III I I { 22.625 $a rr. 1 , Iii I e•vaRm fM/.'fY/ MOm a+'a -- — PILOT- KNOB ROAD---- — PRELIMINARY PLAT OF 42v-4 2)11515f� Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-two SPECIAL PERMIT/DADCO DIVERSIFIED A. Special Permit for Dadco Diversified to Allow an Outside Freezer, Sibley Terminal Industrial Park -- An application was submitted requesting a special permit for a portable freezer located on Block 2, Lots 2 and 3 of Sibley Terminal Industrial Park. For additional information on the item, refer to the City Planning Department report; a copy is enclosed on pages jq{ through /43 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special permit for an outside freezer at Dadco Diversified. 10 CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: DADCO DIVERSIFIED LOCATION: L 2 & 3, BL 2, SIBLEY TERMINAL INDUSTRIAL PARK EXISTING ZONING: LI, LIGHT INDUSTRIAL DATE OF PUBLIC HEARING: SEPTEMBER 17, 1985 DATE OF REPORT: SEPTEMBER 11, 1985 REPORTED BY: JIM STURM, PLANNER I • APPLICATION SUBMITTED: An application has been submitted request- ing a Special Permit for a portable freezer located on Block 2, Lots 2 and 3 of Sibley Terminal Industrial Park. COMMENTS: As you may recall, a similar application to locate this portable freezer at the Country 66 Station was denied at the August 6, 1985 City Council Meeting. The applicant now wishes to locate this 8' X 9' X 28' portable freezer at Roadway Customer I Trailers on Terminal Drive. This is completly within LI (light industrial) zoning, west of Highway 13, and should have no impact on the residential areas east of Highway 13. If approved the Special Permit shall be subject to all applicable ordinances. 0 UZI 6j, j1 8 _.o _ UZI 6j, j1 pp1•�1� T W Stinar Corporation Bldg. 1 HIGHWAY 13 r.. 3x8x28 FREEZER overhang) ROADWAY CUSTOM TRAILERS 3248 TERMINAL DRIVE Agenda Information September 17, 1985 Page Thirty-three Memo City Council Meeting SPECIAL PERMIT/SUNSHINE CONSTRUCTION/TEMPORARY ADVERTISING SIGN B. Special Permit for Sunshine Construction to Allow a Temporary Advertising Sign -- An application has been submitted requesting a special permit for an advertising sign located on church property southeast of the intersection of Deerwood Drive and Pilot Knob Road. For additional information on this item, refer to the Planning Department report; a copy is enclosed on pages l 5 through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve a special permit for an advertising sign for Sunshine Construction Company. /9 CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: SUNSHINE CONSTRUCTION COMPANY LOCATION: SA OF SECTION 22 EXISTING ZONING: P.F., PUBLIC FACILITIES DATE OF PUBLIC HEARING: SEPTEMBER 17, 1985 DATE OF REPORT: SEPTEMBER 11, 1985 REPORTED BY: JIM STURM, PLANNER I APPLICATION SUBMITTED: An application has been submitted request- ing a Special Permit for an advertising sign located on church property southeast of the intersection of Deerwood Drive and Pilot Knob Road. COMMENTS: The subject sign is located on St. John Neumann property and is already in place. At this time there appears to be an error in the minimum setback from Pilot Knob Road. The sign II must be 10' from the 75' right-of-way. It is a two surface sign measuring 4' X 8' for a total of 64 square feet. The one time sign fee of $2.50 per square foot will be required. If approved the Special Permit should be subject to all required • setbacks and applicable sign ordinances. I V5 tel\I AT I /4 0 • S CO?Y OR LCGO .._ Cl.'S- CM f3 u,LY hla nPS �rsTo �1 fP \� CF wpo DeJ C C— [3.112c H PH SIC s�r�.�,we FRin YN L- ci 0'S 431-2.200 S Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty -Four VARIANCE/TILSEN HOMES C. Tilsen Homes for a 5' and 10' Variance for a Corner Lot in Wilderness Run 6th Addition, Lot 1, Block 1, Located at E. Balsam Trail and Carlson Lake Lane -- A request for a variance was received from Tilsen Homes for a 5' and 10' corner lot variance in Wilderness Run 6th Addition, Lot 1, Block 1. For additional information on this item, refer to the City Planning Department report found on pages � through /57i. _ ACTION TO BE CONSIDERED ON THIS ITEM: variance as requested by Tilsen Homes. • • To approve or deny the CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: TILSEN HOMES, INC LOCATION: WILDERNESS RUN 6TH ADD. (NWn OF SEC 27) EXISTING ZONING: R-1, SINGLE FAMILY DATE OF PUBLIC HEARING: SEPTEMBER 3, 1985 DATE OF REPORT: AUGUST 28, 1985 REPORTED BY: JIM STURM, PLANNER I • APPLICATION SUBMITTED: An application has been submitted for front yard variances of 5' and 10' on a corner lot (Lot 1, Block 1) in the Wilderness Run 6th Addition. COMMENTS: The Wilderness Run 6th Addition consists of 6 blocks and 94 single family lots. Carlson Lake Park abutts the subject lot to the south and. west of Carlson Lake Lane. The City Code calls for 2-30' front yard setbacks on corner lots. The applicant is requesting these variances in order to save an existing oak tree on the hillside, near the center of the lot. There is a slope of roughly 33% from the high point (in the N.W. corner) to the water's edge in Carlson Lake Park. The proposed entry drive, which is 5' from the property line, will be from East Balsam Trail to a tuck under garage. • If approved, the variance should be subject to all other City ordinances and requiremnets. 10 0 0 L.�CyAL. �ESck}�7ion} W ILDEQ►\)F-SS QUNJ SIXTH ADDFT►O►J -A A <- A w I (--')A S,' r-ct-A rn' a }-r'•.1 151 V.RB _LiMC kQOT= ']c ALE % "►���20-0 NA I I � 1 I I V NA l� V �I I „ l� V Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-five EAGLES NEST PROJECT D. Gene Bassett Realty, Request for a Modification to the 100% Handicapped Occupancy Requirement for the Eagles Nest Project -- At the June 18, 1985, City Council meeting, the Eagles Nest Village project allowing for the construction of 14 townhouse units was approved. As a part of that project approval, the City Council adopted a condition requiring that 1008 of the units be owned by handicapped or disabled persons. The developer, Gene Bassett, representing Gene Bassett Reality, is requesting a modification to that condition that would change the housing concept back to 508 handicapped and 508 nonhandicapped. According to a letter enclosed on page 1511 , Mr. Bassett is stating that the City Council did adopt at its December 28, 1982, meeting a concept whereby 508 would be handicapped and 508 nonhandicapped. The City staff has researched those minutes and is unaware of specific action on the part of the City Council to reduce the 1008 criteria for disabled occupants. Enclosed is the letter as referenced above along with several other attachments that were sent by Mr. Bassett for review by the City Council. P. 155 -159) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request ii by Gene Bassett Reality to reduce the 1008 requirement for handicap- ped in the Eagles Nest Village project to 508 handicapped and 508 nonhandicapped. U 1�3 September 9, 1985 Mr. Tam Hedges Eagan City Council City Hall 3830 -Pilot Knob Road Eagan, MN 55122 • Dear Mr. Hedges: We are requesting the City Council review the requirement Eagle's Nest Village which requires 1008 of the 14 units handicapped. As we stated at the Council meeting when we plat approval, the handicapped person who is semi-independent in a totally handicapped environment. In fact, the very handicapped people want to own their own homes, makes them into society and not just a handicapped housing project. the Council placed on to be occupied by the obtained preliminary doesn't want to live reason that makes these want to be integrated In the public hearing held December 28, 1982, when we received approval to reduce the size of Eagle's Nest Village from 32 units down to 18 units, we also requested a change in the percent of units housing the handicapped. We proposed the original concept for, Eagle's Nest be changed from 1008 of the units being for the physically handicapped to half the units being for the physically handicapped. I have attached the letter from Dale Runkle that outlined the above changes in • 1982. Based on this approval in 1982, we proceeded with our current 14 unit proposal. That was approved by the City Council on June 18, 1985. As part of the approval, however, the City Council changed the concept back to 1008 of the units to be owned by the handicapped. We have determined that the economics of a 1008 handicapped project as well as the undesirable social aspects of a totally handicapped environment will render this project unfeasible. Therefore, we are requesting the City Council consider changing the housing concept back to 508 handicapped and 508 non -handicapped as was approved in December, 1982. We would like to add that all 14 units shall be constructed to be accessible to the handicapped person. Also, we have included letters from specialists in handicapped housing stating that in today's world, many handicapped people prefer not to live in 1008 handicapped housing projects. Sincerely, Gene Bassett GB:JE Enclosures /JCJZ/ 8900 Penn Avenue South • Suite 200 9 Bloomington, Minnesota 55431 0 Phone (612) 884-8975 CITY OF EAGAN SUBJECT: AMENDMENT TO TFE EAGAN HILLS WEST PLANK DEVE7IJPP= APPLICANT: BETTY BASSETT LOCATION: IOTS 101-104, BLOCK 1, MEADGWTAN 1ST ADDITION EXISTING ZONING: PD (PLANNED DEVELOPENT DISTRICT) DATE OF PUBLIC HEARING: DECETIDE�2 28, 1982 DATE OF REPORT: DARER 23, 1982 REPORTED BY: DALE C. Kz=, CITY PLANNER APPLICATION SUBMI=1 : An application has been submitted requesting and clari- fying an amendment to the Fagan Hills West Planned Development. This amendment would include a requestto change the 32 -unit Eagle's Nest Hare for the handi- capped to an 18 -unit facility for the handicapped. Secondly, the request has been submitted to clarify the underlying zoning of Lots 101-104, Block 1, Mea- dowlands 1st Addition. The application has been submitted requesting an R-2 (Residential Double District) for Lots 101-104, Block 1, Meadowlands lst Addi- tion. W T.T2471-S As you may or may not recall, the Eagle's Nest Hane facility consisting of ap- proximately 32 units for the handicapped has been an agreement between the City of Eagan and Betty Bassett since Septenber 7, 1976. This agreement spells out that approximately 30 units could be constructed and that all State requirements • have to be met for this facility. Enclosed is a copy of the agreement dated September 7, 1976 for your review. At the present time, it is staff's understanding that Mrs. Bassett wishes to re- visc_ this pa--ti.:.:lar agreu,ent tO allow her the flexib:ili CV to provide a home for the handicapped on a smaller scale than what was originally approved. Due to the state of the economy and State aid and funding, it is staff's understand- ing that 32 units is just not feasible to construct at this time. Mrs. Bassett has indicated that her intentions are still to construct whom for -the handi- capped which would now consist of approximately 18 units of .Auch 8 or 9 units would be set up for the physically handicapped and 8 or 9 units would be for support people to help take care of the handicapped units. The total number of units would be 18 vs. the 32 originally approvea. It is also staff's under- standing that the design would keep the same characteristics but just be reduc- tal units in order to offset the cost of the handicapped facilities, If the Advisory Planning Commission elects not to agree to this amendment, Mrs. Bassett still has the original proposal whereas she could still construct a 32 -unit Eagle's Nest Home for the physically handicapped. G55 aF TH f MINNESOTA STATE COUNCIL FOR THE HANDICAPPED m Metro Square, 7th & Robert St., Suite 208 • St. Paul, Minnesota 55101 op _.. •_�R� 612.296.6785 1-800-652-9747 — Toll-free Statewide Voice & TTY August 28, 1985 Eagan City Council City Hall 3830 Pilot Knob Road Eagan, MN 55122 To Whom It May Concern: We have been contacted by Mr. Jim McMahon concerning a townhouse complex which he is •developing in the City of Eagan. It is my understanding that all of the units in this complex are to be accessible to disabled people and that the City Council of Eagan has stipulated that all of these units are to be sold to disabled persons or to those who will have a disabled person living with them. I would like to commend both Mr. McMahon and the City Council for the concern you are showing for the housing needs of people with physical disabilities; it is a refreshing change from what we often find. You should be aware, however, that disabled people - like others - differ greatly in their housing desires. Some would prefer to live together with other disabled people, who may share their outlook and some of their concerns, while others would rather live in a more integrated setting in the community. For the latter, a complex where all the units are occupied by people with disabilities is a kind of handicapped ghetto. I gather that Mr. McMahon has talked to several disabled people in Eagan who prefer the more integrated approach. In view of these differences, I believe it would be wise if the City..,Council allowed somewhat more flexibility in filling the units. Certainly Mr. McMahon should make every effort to advertise the availability of these units to the handicapped community •(e.g. by flyers to advocacy groups and service providers) before making them available to others. If enough disabled people indicate an interest, that is fine. But if after reasonable efforts there are still units available, I see no reason why they should not be offered to non -disabled people. If that is done, disabled people who want to live together in community with others who have disabilities should be satisfied because there will be a number of their peers in the complex. Likewise, those who want more integrated housing may be happy because the complex will not be occupied solely by disabled people and their families. Let me say again how nice it is to see your concern for meeting the housing needs of disabled people. I hope the approach I have suggested will help to meet the widest range of needs. Sincerely yours, o ,Or st�om Community Program Specialist KES:Ic cc: Jim McMahon /66 AN EQUAL OPPORTUNITY EMPLOYER Veterans Administration August 28, 1985 City of Eagan c/o M. c. R. S. P. 0. Box 24427 Apple Valley, �13N Gentlemen: Industries, Inc. 55124 Regional Office and Insurance Center Bishop Henry Wnipple Federal Building Fort Snelling St. Paul MN 55111 In Rei Refer To: 335/263 As the Special Adapted Housing Agent for the local Veterans Administration Regional Office, I have conducted numerous interviews with parapalegic veterans about their housing plans. The veterans have stated to me that they want to live in the mainstream of society vs segregated housing due to their disabilities. Sincerely yours, GLNNAR G. NORDHEIM Realty Specialist SAH Loan Guaranty Division (612) 725-4056 167 • U Courage Center 3915 Golden Valley Road • Golden Valley. Minnesota 55422 • (612) 588-0811 .September 9, 1985 City of Egan Ladies/Gentlemen: We understand that you are considering a building permit for the construc- tion of 14 town houses to be constructed by Mc R.S. Industries, Inc. and that you are requiring that each unit be accessible to and useable by the physically disabled. As one who has been involved in housing for the disabled for 19 years, please allow me to suggest that this requirement is excessive. Disabled people do not want to be segmented or set apart from the rest of vur soci- ety. They, just like you and me, want the privilege of .selecting their • homes in accordance with their needs, desires and economic ability. They do not want to be segregated. They want to live among able-bodied people and be accepted for their abilities and not their disabilities. That is why Chapter 55 of the State Building Code requires that all new apartment - type construction of eight or more units provide for the disabled in 5% of the units with a minimum of one. It is true that there are several all - disabled apartment buildings in the Twin City Area and they are all full. This indicates that dispersed housing has not yet caught up with the need. Most disabled people are residing in these special residential facilities because nothing else is available to them. Down the road somewhere , the dispersed housing supply will meet the demand and you will see the disabled leaving the all -handicap projects and moving into living situations that are normal. I deeply admire your concern that disabled people have proper residential alternatives available to them but I do think that it would be a mistake to set up a "ghetto" in your community. That would be complete and total • segregation and I'm sure you don't intend this to happen. i Town houses are, as I recall, exempted from the requirement of Chapter 55 of the State Building Code. McR.S. Industries is to be commended for its willingness to provide for the disabled in this project when not required by State Law. I fully agree with their contention that 50% of the 14 units constructed for the disabled will meet the current needs and will avoid the image of segregation. In closing, may I suggest you talk with Richard Brooks -in the State Build- ing Code Office. He was a member of the Technical Advisory Committee which put Chapter 55 together and can provide further enlightenment on this subject. Most sincerely, William B. Hopkins Public Affairs Director WBH/rmk /,b Courage Center is a nonprofit organization providing medical and vocational rehabilitation, recreation, sports. camping. T educational programs and residential services to people with physical disabilities and speech. hearing and vision impairments. �� • YEYBfe Of M...0. EIIJNCYL NEI . September 10, 1985 Eagan City Council Ladies & Gentlemen: COLDWELL BANKER RESIDENTIAL REAL ESTATE SERVICES ROSEVILLE BRANCH OFFICE _ 2065 N. RICE STREET ROSEVILLE. MN 55117 16121487-1492 It is indeed encouraging to find a community interested in the provision of decent and affordable housing for persons with disabilities. • My experience in selling to the handicapped community is telling me that one level patio homes with attached garages are indeed a desirable option. However, it must be recognized that handicapped persons with sufficient income to purchase a home with market rate financial terms are very unlikely to choose to be in a group of -only handicapped homeowners, just like others ... such as all Norwegians,computer operators, attorney, etc. Again, however, if the community is in a position to offer . prospective handicapped purchasers reduced interest rates through f • bond issue ... or subsidized monthly payments or other incentives then we would be more apt to see handicapped persons willing to live in a group setting. . Independent living is the goal of every handicapped persons, and that includes owning a home of our own. Congratulations for your community's interest in the welfare of the handicapped community. Sicicefely, ROSEMARY YOUNG Sales Executive /5f Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-six RECEIVE BIDS/AWARD CONTRACT A. City Contract #85-23, Receive Bids, Award Contract (City Project No. 414 & 423 - Alternate) -- We opened sealed bids on Friday, September 13, 1985, for City Contract 85-23. This contract provided for street reconstruction of Pine Ridge Drive under City Project 414 and new street improvements for Group W Addition under Project 423 - Alternate. The apparent low bidder is McNamara Contracting. Their base bid is $127,312.50. Our consulting engineer is checking the unit price extensions for their accuracy and will be able to confirm their accuracy by Tuesday night. (P. /61) The total base bid for Project 414 is $46,466.50. This is 3.1% under the feasibility report estimate. The total base bid for Project 423 - Alternate is $80,846.00. This is 31.7% greater than the feasibility report estimate of $61,375.00. Most of this increase is due to the increase of the scope of this project resulting during the detailed design process. Our consulting engineer can provide more detail for the Council if the Council so desires. Because the bids for Project 423 - Alternate are so far in excess of the feasibility report, staff will attempt to contact all three affected parties prior to recommending award of this project. Staff anticipates accomplishing this by Tuesday evening and • will report to Council their findings. 140 • CONTRACTORS 1. McNamara Contracting 2. Valley Paving 3. Bituminous Roadways 4. Alexander Construction 5. Arcon Construction 6. M. Danner Trucking 7. Lund Asphalt Construction Our File No. 49328 CITY CONTRACT No. 85-23 PINE RIDGE DRIVE STREET RECONSTRUCTION CITY PROJECT No. 414 STREET IMPROVEMENTS tOJECT No. 423 - ALI EAGAN. MINNESOTA BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Friday, Sept. 13, 1985 TOTAL BASE BID 127,312.50 132,682.50 143,843.00 175,925.95 No Bid No Bid No Bid Proj. 414 Proj. 423 Alt. Total Base Bid — - $46,466.50 $80,846.00 ENGINEER'S ESTIMATE-- 47,800.00 72,200.00 Feasibility Report Estimate— 47,970.00 61,375.00 % (+) or (-) Engineer's Est.— -2.8 +12.0 % (+) or (-) Feasibility Report -3.1 +31.7 /6( MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 13, 1985 SUBJECT: INFORMATIVE NATIONAL LEAGUE OF CITIES CONFERENCE The National League of Cities Conference is scheduled for the first week in December in Seattle. There has been discussion at recent workshop sessions regarding the attendance by a member of the City 'Council at that conference to participate in the NOISE workshops and other programs. If any member of the City Council would like to attend, it is necessary that reservations be made as soon as possible. HOUSING UPDATE Enclosed on pages L through Y& is a copy of the August status report for the assisted housing' programs in Dakota County and community development programs that are administered by the Dakota County HRA. BOND RATING The City is anticipating the sale of approximately 5 to 7 million dollars of General Obligation Bonds during the month of November. The City has not formally presented management information to Moody's and Standard & Poor's since 1983. At the recommendation of the City's Fiscal Consultant, Mr. Ernie Clark, it is advised that • meetings be scheduled at Moody's and Standard & Poor's during the month of October to review the City's bond rating. Mr. Clark is optimistic that the City could improve its rating from an A to an Al this year. Jim Smith is available for the trip on October 21 and 22 which consists of one night and meetings on both days. The Director of Finance would accommodate City Councilmember Smith and Mr. Clark to New York City. The City Administrator will be vacationing in Washington D.C. that week prior to the Philadelphia Conference and is available to participate in the meetings on Monday and Tuesday. PILOT KNOB ROAD/MEDIAN SOUTH OF DIFFLEY ROAD At a recent City Council meeting, questions were raised as to whether a policy had ever been considered that would exclude medians on Pilot Knob Road south of Diffley Road. Staff has researched minutes and is unable to find any such policy. However, in a letter dated May 31, 1985, from staff at the Metropolitan Council to Dakota County and the cities of Eagan and Apple Valley, a Project Development Report for the improvement of Pilot Knob Road from County Road 38 to I -35E provides the following statement: "The proposed project includes grading, drainage, aggregate base, bituminous surfacing, concrete curb and gutter, storm sewer, a 1lo7i Informative Memo September 13, 1985 Page Two sidewalk on the east side of the roadway and an eight foot separated trail along the west side of the road. The design for proposed highway upgrading is a four -lane, undivided urban highway with left turn lanes and signal light intersections at CSAH32 (Cliff Road) and CSAH30 (Diffley Road)." Conduit for future signalization will be placed at other key intersections. The improvement is proposed for the segment of CSAH31 line between CR38 and the interchange with I - 35E which is approximately four miles in length. TAX FORFEIT PROPERTY At the February 19, 1985, City Council meeting several tax forfeit properties were reviewed to determine whether parcels should be retained by the City of Eagan. It was decided by the City Council that two (2) parcels would be retained for City ownership. One parcel was described as Outlot E in Surrey Heights 4th Addition which, according to Director of Public Works, could be used as public right-of-way to maintain the integrity of Federal Drive between Surrey Heights Drive and Yankee Doodle Road. According to jj the Director of Finance/City Clerk, the City has received conveyance from the State. The other parcel located in the Blackhawk Hills Addition was to be retained for future park land dedication. However, it was subsequently discovered by the County that this parcel has been built on and would more than likely be reclaimed by the owner. VOLKSWAGON REPAIR/WRECKED CAR SALVAGE LOCATION ON HIGHWAY 149 • At a recent City Council meeting questions were raised about a Volkswagon Repair Shop and wrecked cars off of Highway 149. Please refer to the attached memo from Administrative Assistant Hohenstein for an update on these two issues. This memo can be found on pages) '/6 CITY CELEBRATION FINANCIAL STATEMENT Enclosed on page /it is a statement of cash receipts and disbursements for the City Celebration through August 31. POLICY STATEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Enclosed on pages 1-G - through L/6 is a copy of the Policy Statement for the Community Development Block Grant Program for 1986. The City Planner will be at the City- Council meeting on Tuesday and if the City Council has any questions or comments regarding the policy statement, a brief review would be appropriate. 163 Informative Memo September 13, 1985 Page Three LETTER CITY OF MENDOTA HEIGHTS Enclosed on page L;5_ is a letter of appreciation from the City of Mendota Heights regarding the IDB Entitlement Allocation. SPECIAL CENSUS Enclosed is an update from Administrative Assistant Hohenstein • regarding the cost and final determination for the Special Census. (p.Q,) MASAC MEETING Enclosed is a memorandum from Administrative Assistant Hohenstein on pages /11 through /If and a review of a number of issues that were reviewed at the most recent MASAC meeting. It is anticipated that the next Airport Noise meeting will be held at 4:30 p.m. on Thursday, September 19. I I IDB ENTITLEMENT ALLOCATION Enclosed on page /%9 is a letter that was sent to the State Department of E omic is which provides a good summary for City Council purposes as to how the City of Eagan's entitlement allocation was disbursed. AMM BOARD OF DIRECTORS VACANCY Enclosed is a copy of a letter from the Association of Metropolitan Municipalities asking that a nomination be made for the AMM Board of Directors from a member city in Dakota County. If any member of the City Council is interested in serving on the AMM, I would like to recommend an elected official from another Dakota County community with the exception of Mendota Heights, whose City Manager is on the Board of Directors. Please present the name at the meeting. (P.)90 ) BILL FRENZEL LETTER Enclosed is a copy of a letter from Representative Frenzelout- lining the significance of the meeting Mayor Blomquist attended in Washington D.C. this past Monday September 9. A copy is enclosed on page /V. Informative Memo September 13, 1985 Page Four RESOLUTION REQUESTING REDUCTION OF SPEED LIMIT - WESCOTT HILLS DRIVE At the September 3 City Council meeting, the Council received a petition requesting the reduction of the speed limit on Wescott Hills Drive and approved the passage of a resolution requesting the Commissioner of Transportation to perform a speed study. Enclosed on page Q 'is the resolution that was prepared based on the comments received during discussion of this item. If there are any changes or revisions requested, the Director of Public Works should be informed at the meeting of September 17 prior to execution by the appropriate City officials. E SOUTH OAKS POND - WATER LEVEL STABILIZATION In a continuing effort to try and determine reasons for a contin- uous lowering of the water elevation of the South Oaks Pond located in the northwest corner of Cliff Road and Acorn Street, the Utility Maintenance Division had the sanitary sewer line televised. The results of this televising indicates that there are several II areas where infiltration is occurring at a significant enough rate to justify the costs associated with having this line sealed. Whether or not this will minimize or stop the "leakage" of the South Oaks Pond, can only be determined after continued analysis once this work is completed. However, due to the fact that the City is having to pay for treatment of this groundwater that is entering the sanitary sewer system, the sooner this work can • be completed, the more cost effective it will become. After evaluating the line to be sealed, it is estimated that this main- tenance activity will cost approximately $320. The staff is investigating the potential of recovering this cost through the warranty agreement for Contract 8;,-1 under which this was instal- led. However, as the Council may recall, this contract had to go to arbitration for final settlement and close out. Additional information will be forthcoming when appropriate. /s/ Thomas L. Hedges City Administrator 145 DAKOTA COUNTY ASSISTED HOUSING REPORT AUGUST, 1905 *South St. Paul Administers Separate Section 8 Existing and Low Rent Housing Programs 1 I SECTION 8 1 MODERATE I SECTION 8 NEW I LOW RENT 1 235 HOME 1 236 RENTAL I CURRENT ! I EXISTING I REHAB I CONSTRUCTION I HOUSING I FAMILY I FAMILY I TOTALS GRAXDI CDYMUNITIES -----------------------1------------------I------------T=----1------------TT- I ELD FAMILY TOTALI ELD FAMILY TOTA' I ELD FAMILY TOTALI --I----------------- ELD FAMILY TOTALI 1-m TOTAL I TOTAL I ELD FAMILY TOTALI APPLE VALLEY -----------------------I------------------I------------------I----------------I------------------I-----------I-----------I------------------I I 11 38 49 1 0 0 6 1 0 56 56 1 0 43 43 1 ---------I----------T-1------------------1 0 1 0 1 11 137 148 1 D74'SVILLE 1 58 97 155 1 0 0 8 1 0 87 87 1 0 56 56 1 0 1 180 1 58 420 478 1 --------------I-------------- ASP. 1 30 152 T- Ir----- 182 1 0 .--------"1.-nT--Tr---.-----I----TTT----- 0 0 1 0 33 33 1 0 15 ----- I 15 1 ------- -r --- l 0 1 ---------- --1 144 1 -------------- 30 344 ---- I 374 1 ------------------------ TARMI.GTCN ----------------------I I ------------------ 1 23 ------------------ 47 I ------------------ 70 1 1--- 0 0 I 0 1 ------------------ 75 0 I 75 1 ------------------ 0 2 I 2 1 ------------ I 4 1 ------------I 0 1 ------------------I 98 53 151 1 ASTI.GS ----------------------- 1 56 I ---------------- 136 192 1 I ----------------- ---- 4 T-- --- 12 T ---- I 16 1 I ------------------ 109 ------------------ 0 ! 183 1 ------------------ 0 10 I 0 1 ------------ I 0 1 --------- ---1 0 1 ------------------ 169 158 I 327 1 ..VER GROVE HEIGHTS --- 1 24 I ------------------ 175 199 1 I ------- 0 6 0 1 0 40 I ------------------ 40 1 0 5 I 5 1 ----------- I----- 31 1 -- I 202 1 -----------------I 24 453 477 1 =-- -'— ----- '_CZ-VILLE ----------------------I------------------I-----------------I------------------I------------------1------------I-----------I------------------I 1 13 42 55 1 0 ----------I------------------I----------------!------------I------------I------------------I B 0 1 24 0 24 1 P 6 6 1 2 1 0 1 37 50 87 I LILYDALE -------- ----------- 0 I------------------ 0 0 1 I -------- 0 0 --------- 0 1 I 0 ------------------ 0 0 1 0 0 0 P 1 P 1 0 0 0 I MENDOTA -----------------------I------------------I------------------I------------------I------------------I------------I------------I------------------I 1 2 1 3 1 0 T 0 0 1 0 0 I 0 1 ------------------ 0 0 I------------ 01 I 0 1 ------------ I------------------ 0 I 2 1 I 3 1 'ti':DOTA HEIGHTS --------_---------=------ I 0 I ------------------ 8 0 1 I ------- 0 1 l 1 I 0 ------------------ 12 12 1 0 0 0 1 0 1 0 1 0 13 13 1 405E"C NT 1 9 32 41 1 0 ----------- 0 0 1 39 28 I ------------------ 67 1 0 30 I 30 1 --------- ---1 2 1 ------------ 1-----------------I 0 1 48 92 140 ! -----------------------I----------------I----------------1------------------I------------------I------------I------------I------------------1 SCL'TH ST. PAUL t 1 28 --------- 124 152 1 ----- I 0 0 0 1 0 44 44 1 300 0 300 1 2 1 0 1 328 170 492 ; -.---=--=1--- SUNFISH LAKE ------------- -'.-'--'-I------------------ 1 0 0 ------- 0 1 I ------------------ 0 ---- ----- 0 I 0 1 --------------=--1-=-=-- 0 0 0 1 =----------1-----------1------------1-------n----------1 0 0 0 1 0 1 0 1 0 0 0 1 WEST ST. PAUL ----•^-�-- 1 189 155 345 1 0 5 I 5 1 ----------------- 0 0 I ---------------- 0 1 80 7 I 07 1 ------------ I 0 1 --------- 0 1 I ------------------ 269 168 I 437 1 =---I------------------I------------------I------------------I-----------------I-----------!------------I-----------------I CT4-R -----------------------I------------------1------------------I------------------I-=----------------I----------I------------I------------------ I 1 6 7 1 0 0 01 0 0 0 1 0 0 0 1 0 1 0 I 0 0 --------------------TOTALS 0 1 -- —TOTALS L-443-IM-1450.1---4--_IB--_ 221--247-300.-547 -3B0-174--554-.I.-.-.-..At--.I-_.525_-_I�074_2065_3139 I *South St. Paul Administers Separate Section 8 Existing and Low Rent Housing Programs 1 Brief description of assisted housing programs: 1. Section 8 Existing: Eligible low and moderate income households pay 30% of their monthly adjusted gross income (less an established allowance for uti- lities) for rent in market rate rental units. The Dakota County HRA (or South St. Paul HRA) pays the rest. The rental units must pass federal inspection standards and the rent plus an allowance for utilities paid by the renter, must not exceed established Fair Market Rent limits. Moderate Rehab: The Section 8 Moderate Rehabilitation program offers owners of rental property assistance for making building repairs which will bring their properties into compliance with Housing Quality Standards. The owner, in turn, agrees to rent to households eligible for Section 8 Rent Assistance. The rental of these units is coordinated through the Dakota County HRA and the rent payments for the tenants is the same as Section 8 Existing. Besides the existing units in place, this program is no longer available. Section 8 New Construction: The developers of these units receive a subsidy Tor construction of these units. The owners in turn, are required to rent these units to eligible low and moderate income households. The rental payments for tenants are the same as Section 8 Existing. These rental deve- • lopments are owned by private developers. Besides the existing units in place, this program is no longer available except for Section 202 projects for senior citizens. 4. Low Rent Housing: The Dakota County HRA (or South St. Paul HRA) owns and manages the housing units offered through the Low Rent Housing Program. These housing units are rented to eligible low and moderate income house- holds who pay 30% of their monthly adjusted gross income (less an established allowance for utilities) for rent. 5. 235 Home Ownership: This program offered assistance to eligible low and moderate households for purchasing a home. The program is no longer available. 6. 236 Rental: The developers of these units receive a subsidy for construc- • tion of these units. The owners, in turn, are required to rent these units to eligible low and moderate income households. The rental payments for tenants are the same as Section 8 Existing. Besides the existing units in place, this program is no longer available. 147 _ I 4EATHEFPMRNAT04 I .PFA YCIC IMPROV LGCA I MICA HORS R%AB 'LOAN I M.YFA HOME Eq -15Y ! GAN I 3E•:TW_ ?D!,19 LOU I MG P.EJ AM 1903 IMFFA 6EL:B MIX LON 1 + I ELL --- -----I ELD LC -_LD ^ r, ° G .r -EM_.I TD'AL1 ELD-1--C _ S' T07c I ELD L M i0*A'_I l.rF` S.FG2 LC_IG I -_- --• a IT3i` I 1 L_, 1 Sr.SM( ITD 5 1 n l e l P P I P __I _____I _____1 _..__ _.___ 1 GM iLLF_I PLO LG i °�._I____II____i_____ I r I r VP_LEY 1 ? 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I. .__' __ I __.I_ I_. .__ - e 1 2 1 e I e 1 P I 0 1 0 1 2 1 B 1 e I e 1 0 1 2 1 Q 't 1 Q 1 0 1 9 1 2 1 0 1 0 1 2 1 0 I 1 0 1 0 1 P P 0 1 P P @ _ 2 1 0 1 P ______.__ 0 _ I 12 1 :A C I 1 2 7 _.___,. _CLI __ ___ __ ____ ____ 2 1 P! 2 1 1 1 I C c l r " .• • I _ 1 ! 1 1 1 4 1 7 1..-2 1 e I a I__ p. 1___0 i___0;__.e_'_-__ --------------- v.r•nn^ �1._._ I___.I ____ 1 ____ 1 _..._ 1 1 1 _ ___ _____1 _... .___. L__. 1 _. _. _; _-__. ! ____! ____ __.__ 1 _____ _____ ___. o-____ _____1 ____ ____ __.Oi____.'-----------, '1 1 51 101 151 01 01 !1 II 01 e1 01 CI 01 el PI CI n; CI e! PI CI Q! el-Pl PI CI Dl BI BI-- p PI PI _ ___ ___ _ ___ ____ ___ _ ___ ___ ___ ___ 3.•^l'FLLD I 1 1 11--21--0��-0 f-0-1_-0 T__O-I-_O..i'-01-P 1= -0 -I -.e I ¢ 1 -P I- f 1 7_i---I----I-'-'I'---I-'---I----I---I--I---I -----I--1----!----'�-----' __.__!________.1__.__I-----I-----I_.___I-----I--------------I---------1-----1-----1--- ^ E`._,-_. 2 C 1 P I -e I --.O I-- 0 I 0 1 P i C I 0 1 0 1 P I ¢ I I 1 1 ;• f l I ^' l' I C I C I C I P I C I C I l' I C I _ 1 2 1 : 1 e l C I�--_- -- ---I--- -- ---- - ----- ------ ---I- _..------------ ---`1---`---'-I`---I-----!-----!-----I----- `---1"---I-'-"1-----1." 1-----:-----' - C-1''C'I-- ------C-1 I 8 I fs I "7 P I :: -- - " - 9 1 r _ _ ---1-----1-----I-- P- 61 eI 61 01 CI 61 PI 01 161 161 CI PI C: P! 11 7! 31 41 PI 01 OI 01 J1_II 01 a 11 -------------- I_____ L____ I -__I ___ _.I _____ I ____1 __. __I _____ I __.__ 1 ____;_- I _____ I ____I _-__; _____ p____ L.___ I__._1____.I_____I ----- --- ___ GO--------- -- -- --- I 70 : 172 12n2 2 I C 0 1 C B 1 0 1 P I 0 1 0 1 Q I 0 1 0 1 C I A 0 1 0 1 0! Q I 0 1 4 1 B I @ 0 1 P I 0 1 P P P 2 1 "'------.-L...1'r."--I"--I'----I-"--I-'-I-___"'I`-.-1`---Ic:-c-I---I'._-I-----I---`L-___-I-"-'I-----I----L."I---`!--"-�"'--I-"'-I-'--1-'.--I'-"I--_I__'_-; --CE-R-M-:-L-L--:C3 -- III P III ---7- 11 --"3 'II11C IIII e I e III1 -_-__-_e- 1 2 _ 1I1II=-_-_-_@-_='1IIII e- 11 0 -lIIII1 _-_--e _-_--__CI _-_--__01 CI -2-- ' 11 2 1 I 48 70 I:B I 22 6 1 31 .51 l-3 I _6 _--_-e _-- I1--=L9--p l 13 32 6 I 15 54 125 0 1 0 1 2 1 2 1 1 1 9 CI p l Ie------ ----- -C 74' 1 I SL' 9+•7 ;! .3 3I 23 1 93 !4L E9 I:6 57 l32 I±P 6 1 A3 I Ifs 24 I 1 1 78 f3 87 31 I 94 612 12 1 P I B I A I 2 1 IS I e! 2 1 1 ! I I I I I I 1 I I I I I I I I I I I I I I I I Y . ------------------------------------ TI - Brief description of Community Development Programs: 1. Weatherization: Through a joint effort of the Dakota County HRA and Economic Assistance, low-income homeowners and rental units occupied by low- income tenants are being weatherized to reduce the consumption of precious fuels, promote energy conservation, and reduce the burden of high heating costs on low-income county residents who can least afford rapidly rising utility bills. 2. MHFA Home Improvement Loans: The Dakota County HRA administers this State program as a Title I lender. Loans are made to eligible homeowners (adjusted gross income less than $24,000 annually) for code compliance items and certain general improvements. An interest rate of 3% to 11.5% is charged depending on the applicant's income. 3. MHFA Home Rehab Loan: These loans are made to eligible low-income homeowners adjusted gross income under $7,000 annually) for rehabilitation items that directly affect the health, safety, energy conservation and accessibility of the home. The interest rate is 3% and deferred loans are available to households with adjusted gross incomes under $6,000 annually. • This program is administered by the Community Development staff of the Dakota County HRA. 4. MHFA Home Energy Loan: These loans are made to eligible homeowners for energy items. The interest rate is 8% for homeowners with adjusted gross incomes of less than $24,000 annually and an interest rate 9% for those with adjusted gross incomes of more than $24,000 annually. This program is admi- nistered by the Community Development staff of the Dakota County HRA. 5. Rental Rehab: Rental Rehabilitation loans are available to owners of rental units. There are no income or asset limitations. The loan amount cannot exceed $15,000 per one dwelling unit and for structures with more than one unit the loan limit is $7,500 per unit with a maximum of $37,500. The interest rate on the loan is 11%. This program is administered by the Community Development staff of the Dakota County HRA. 6. CDBG Rehab Loan: Various housing rehabilitation programs have been done • using Community Development Block Grant funds. They have assisted low and moderate income homeowners in making repairs to their homes with low interest loans and grants (grants are no longer available). This program is administered by the Community Development staff of the Dakota County HRA. 7. MHFA Solar Bank: Deferred loans are given to eligible low and moderate income homeowners for energy items. The eligible homeowners are referred from Northern States Power Company and Minnegasco. This program is admi- nistered by the Community Development staff of the Dakota County HRA. 8. 312 Loans: These loans are given to eligible owners of residential struc- tures at an interest rate of 3%. The loan funds must be used to bring the property into compliance with local codes, rehabilitation standards and some types of general improvements. Commercial and mixed use (commercial and residential) properties may apply for loans with an interest rate of 9%. This program is administered by the Community Development staff of the Dakota County HRA in HUD approved target areas. 141 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, ADMINISTRATIVE ASSISTANT DATE: SEPTEMBER 9, 1985 SUBJECT: AUTO REPAIR AND SALVAGE QUESTIONS This memo is intended to respond to the questions you raised regarding the Volkswagon repair shop and wrecked cars off of Highway 149. With respect to the Volkswagon shop, Jim Sturm and I viewed the site and a letter was forwarded indicating concerns about the outside storage and possible screening. The owner is Mr. Melvin Metz who seems cooperative, but has received no complaints . personally. Jim has offered to visit with Mr. Metz and encourage him to screen better and reduce clutter in the yard. Jim indicates, however, that the zoning in the area is light industrial and auto repair is a permitted use. Therefore, Jim will try to encourage appropriate changes rather than force them. As to the salvage vehicles on Highway 149, Captain Geagan indicates that the owners were contacted about the problem and had removed all vehicles for a period of time. They were taken to the Mendota Getty station that then went out of business. This necessitated the return of the vehicles. A second contact has resulted in the removal of some of the vehicles. Seven or eight remain and the owner has promised to move the rest by September 10, 1985. • Ad nistrative Assistant JH/db 170 JULY 6, 1985 CPPV CELEBRATION jag I. caw 1.WG ve' 1 01 Turkey Roast Ticket Sales 5,887.45 Expenses: Turkeys (& use of roasting equip) $1522.92 Potatoes 357.50 Coleslaw 415.00 Cake 557.39 Food & supplies from Ctry Club Mkt 557.28 Misc Supplies & utensils 139.10 Paper plates, cups, etc from Van Paper 241.90 Publicity 279.29 PMP to Mendota Hts Lions Club 500.00 $4,570.38 Em::ess of Receipts over Expenditures $1,317.07 Other Items: REVENUE DLS$[IlRSM&IIS Fireworks: (not counting City donation of $1,000) Donation to City Payments to Eagan 4th of July Association 1589.00 T -Shirts Receipts from Sale 1847.75 Cost of T -Shirts 1536.02 Lone Oak Tree Receipts from sale of wood 203.25 Cost of labels for wood 146.75 Clocks 630.00 Add'n amt from Herb Polzin Memorial fund 482.28 171 r1 U n U MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: DALE C RUNKLE, CITY PLANNER) DATE: AUGUST 29, 1985 SUBJECT: POLICY STATEMENTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 1986 AS you may recall, in the 1985 program there was a great deal of discussion in regard to ranking and prioritizing the Community Development Block Grant applications. With the issues that arose, • the committee felt it would be appropriate to provide policy statements for ranking or prioritizing projects when applications are submitted to the City to review. Enclosed is a memorandum which gives some background as to the rules and regulations of the Block Grant Program and policies that have been proposed by the committee. In essence, if these policies, are adopted by all three of the communities it should minimize the problem of prioritizing projects. This policy should be adopted prior to any applications being submitted for funding. The committee is still recommending the number one priority be projects that benefit all three communities versus a project that_ would only service one or two communities. Therefore, working as a district is still the intent of the committee and is reflected in the policy statements. If no joint or area -wide projects have been submitted, second priority items would then be considered for the communities. • Please review the policy statements and document and if there are any questions or you would like to discuss these policies at either the September 3rd or 17th meetings, please advise. attachment 17y District 3 Committee (Apple Valley, Burnsville, and Eagan) Policy Statment for the use of Community Development Block Grant (CDBG) Funding I. Background: The District 3 Community Development Committee was created on March 27, 1984 pursuant to adoption by the County Board of an Implementation Plan for the use of Community Development Block Grant funds. This Committee is comprised of three members from each of the three cities located in the District. The purpose of the Committee is to: 1) Solicit applications for CDBG funding. 2) To -develop criteria for ranking CDBG proposals. 3) To review those applications approved by the cities in the District and make a recommendation to the County Board regarding which projects • should be funded and for what dollar amount. 4) To oversee the progress of funded applications and recommend reassign- ment of funds if necessary. In order for a project to receive funding (according to federal regulation), it must be an eligible activity and meet one of the following national objectives: 1) Benefit to low and moderate income households. 2) Aid in the prevention or elimination of slums or blight. 3) Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community where other financial resources are not available. As long as the proposals meet one of the above objectives and is an eli- gible activity, it is a permitted project. Since the list of permitted • uses is quite long, it is necessary for the committee to establish a policy governing what is a priority use of these funds in the District 3 area. II. Policy Statement - The following general policies will apply: 1) It is a policy of the Community Development Block Grant Program that any project located within a city must be approved by the city council before the district committee will consider the project for funding. 2) It is also the policy of the committee not to fund projects where CDBG funds are being used to pay for ongoing operational/administrative expenses which are unrelated to capitol projects. 3) The maximum amount of funding any one city applies for cannot exceed the total funding available to the district. 4) It is the policy of the Committee to provide the highest priority to those projects which benefit the residents of all three cities. For example, projects which provide a direct service or benefit to members of all three cities would receive the highest ranking. /73 B. Tier 2 Applications: This would consist of applications that bene- fitted one or two communities and are site specific in nature. Applications in this category would be funded to the extent that there were no Tier 1 applications or to the extent that there were funds remaining after all Tier 1 applications were funded. If there was more than one Tier 2 application, applications would be ranked on the following criteria: 1) Low and Moderate Income Benefit: The number of low and moderate • income households directly benefiting per $10,000 of CDBG funding. The larger the number of households benefiting, the higher the ranking. 2) Levera a Ratio. The amount of private or public non-CDBG funds contrr ut the project compared with the amount of CDBG funds requested. The higher the amount of private funds contributed, the higher the ranking. 3) Past Performance. The extent to which past funding for this pur- pose has been expended. The project would rank higher if there was either no past money appropriated for this purpose or if funds had been appropriated and they were fully committed. 17 / -2- Given the priority for area wide projects, the following priority system will apply: % A. Tier 1 Applications: This would consist of projects that in addition to meeting federal Community Development Block Grant regulations, pro- vide a direct service/benefit to residents of all three cities. If there was more than one Tier 1 application, projects would be ranked on the following criteria: 1) Low and Moderate Income Benefit. The number of low and moderate income households directly benefiting per $10,000 of CDBG funding. The larger the number of households benefiting, the higher the ranking. 2). Leverage Ratio. The amount of private or public non-CDBG funds contributed to the project compared with the amount of CDBG funds requested. The higher the amount of private funds contributed, the higher the ranking. • 3) Past Performance. The extent to which past funding for this pur- pose has been expended. The project would rank higher if there was either no past money appropriated for this purpose or if funds had been appropriated and they were fully committed. Each of the above three criteria will be given equal weight. B. Tier 2 Applications: This would consist of applications that bene- fitted one or two communities and are site specific in nature. Applications in this category would be funded to the extent that there were no Tier 1 applications or to the extent that there were funds remaining after all Tier 1 applications were funded. If there was more than one Tier 2 application, applications would be ranked on the following criteria: 1) Low and Moderate Income Benefit: The number of low and moderate • income households directly benefiting per $10,000 of CDBG funding. The larger the number of households benefiting, the higher the ranking. 2) Levera a Ratio. The amount of private or public non-CDBG funds contrr ut the project compared with the amount of CDBG funds requested. The higher the amount of private funds contributed, the higher the ranking. 3) Past Performance. The extent to which past funding for this pur- pose has been expended. The project would rank higher if there was either no past money appropriated for this purpose or if funds had been appropriated and they were fully committed. 17 / Administrative Offices OF MENDOTA HEIGHTS September 3, 1985 Mayor Bea Blomquist and Members of the City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Blomquist and Council: • On behalf of our City Council, I want to extend sincere thanks for your authorization allowing us to use $3.2 million of your 1985 industrial develop- ment bond entitlement. As I believe developer Larry Lee explained, the bond authority will be used for a "high-tech/high-touch" conferencing facility near the intersection of Highway 110 and Lexington Avenue. This development should be a strong asset not only to Mendota Heights, but to all of northern Dakota County. We especially appreciate and acknowledge the spirit of cooperation exem- plified by your action. We look forward to working together at promoting high-quality business development in our area. RGL:madlr 175 Sincerely, �j )Utx ` � • Robert G. Lockwood Mayor 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452-1850 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN DATE: SEPTEMBER 4, 1985 SUBJECT: PRELIMINARY CENSUS COUNT For purposes of informing Council of the results of the Special Census, we have received a form from the Census Bureau entitled the Preliminary Census Count. Eagan's preliminary census count is 30,479 persons as of the month of August, 1985. These persons are living in 10,894 occupied housing units and there are 648 vacant housing units. If the 648 units were to be occupied at a rate comparable to the city—wide multiplier of 2.8 persons per housing unit, total population would reach 32,293 persons. Since many of the vacancies are homes under construction, the City may expect to approach 32,000 persons by the end of • 1985. LJ The field work for the census was completed on schedule and the cost of this segment of the census process came in at $2,861.51 below the estimated contract amount. If the enumerators' bills are approved by the Council, the City will -- have expended $28,472.49 on the Special Census to date. The,remaining $10,310 will be invoiced at the end of the census process, upon return of the official census count in six to eight weeks." All things considered, the results of the Special Census tend to support the standard multiplier the City has been using to estimate population throughout the past several years. This information will be especially useful as it is applied to the large number of housing units which continue to be built. Moreover, the certified number will have the expected impact on population driven government aid. t Admin' rata a Assistant JH/dk l76 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR DATE: SEPTEMBER 4, 1985 FROM: JON HOHENSTEIN, ADMINISTRATIVE ASSISTANT SUBJECT: AUGUST 27, 1985, MASAC MEETING The important issues at the meeting from Eagan's perspective consisted of three items. These items were comments concerning the northern Eagan flight corridor, Commissioner Del Calzo's proposed metropolitan tax for stage three purchase incentives, and the Part 150 Study of airport operations. I. North Eagan Air Corridor - In answering a question by a Minneapolis resident, FAA Director Les Case indicated that departing aircraft using • the parallel runways fly the extended center lines of the runways for a distance of approximately four miles before beginning any turns. I am not certain whether he meant parallel departures over south Minneapolis or those over Eagan - Mendota Heights. If he means the latter, this is not consistent with our understanding of the 105 degree departure heading. Moreover, Otto Leitner contacted me on Wednesday morning to indicate that planes are consistently flying south of his location on Burnside Avenue. I will pursue this matter with Mr. Case and attempt to determine what, if anything, can be done to return to the 105 degree heading. II. Del Calzo Proposal - Jan Del Calzo reviewed the ideas behind her proposal for a metropolitan tax to encourage the purchase of stage three aircraft. Her two premises were that the people who would stand to benefit would not mind paying for the benefit and that any solution lies at the source of the problem, namely noisy aircraft. Numerous citizens and councilmembers voiced the objections which we discussed on Tuesday. • Commissioner Del Calzo then indicated that she did not anticipate implementation of the proposal but was pleased that it had generated debate and interest in alternatives to the current situation. Incidentally, the indication was that the one-third mill tax would add approximately $5.00 per year to the tax for an $80,000 home. Moreover, it would be limited in effect for approximately five to six years as it would take that long for the tax abatement to run on Minneapolis and St. Paul's dedication of property for the airport. It seems that the cities were never paid for the property and it was determined to abate taxes for this purpose should an airport tax ever be levied. III. Part 150 Study - HNTB, the airport commission's consultant, presented the preliminary data pertinent to the Part 150 Study. I have several concerns in this regard. One of them is that the commission has requested that HNTB examine operations and sound abatement before doing other portions of the study. This is to allow the implementation of their preliminary findings by next summer. My principle concern in this area is that the HNTB people seem convinced that the 180 degree heading procedure will be in effect. If they are going into the study with this assumption, we will have to fight the 180 degree battle all over again. 177 MASAC MEETING SEPTEMBER 4, 1985 This study is important to the airport in that it is a prerequisite to certain types of federal assistance because it points of specific needs. By the next meeting, however, we should forward to Tom Baker the items we want considered in the study along two lines: 1. Possible definitions of environmental capacity. 2. Potential sound abatement procedures that the City would like to see reviewed, i.e., departure paths climbing over the river valley and a strict adherence to the three mile departure corridor in north Eagan. These types of suggestions should be forwarded to Mr. Baker for presentation to the MASAC at the September 24, 1985, meeting. A nis rative Assistant JH/jj • of ea 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 "a PHONE: (612) 454-8100 THOMAS EGAN August 29, 1985 SMITH JERRY THOMAS - THEODORE WACHTER MR RICHARD NADEAU cou ml DGES MN DEPT OF EN & EC DEV CdyATHOMft0fV BUS FIN MGMT DIV EUGENE VAN OVERBEKE 150 KELLOGG BLVD, RM 900 cnvcl� ST PAUL MN 55101 Re: The City of Eagan's Request to Retain An Entitlement Allocation for the Period September 1 to October 31 Dear Mr. Nadeau: 1 In official action that was taken by the Eagan City Council at a special meeting held on Tuesday, August 27, 1985, authorization was given to request that the Minnesota Department of Energy and Economic Development retain $6,750,000 of the City of Eagan's entitlement allocation for the period September 1 to October 31, 1985. $3,260,000 of the City's original entitlement of $10,012,399 is being used by the City of Mendota Heights. The appropriate joint powers agreement and deposit are being delivered by representatives of that city. The City of Eagan expects $5,150,000 of the $6,750,000 to be used by the Cities of Brooklyn Center and Maple Grove. Joint powers agreements will follow. Please consider this letter as a letter of intent to use the entitlement as outlined above. Enclosed is a check in the amount of $67,500 which represents the City of Eagan's 18 application fee that is required by the State of Minnesota to guarantee the entitlement allocation. It is the understanding of the City that allocations retained by the State of Minnesota may be cancelled by the City or issuer until October 31 by submitting a letter to the Department by that date, and a 1% application fee relating to the portion cancelled will be refunded within 30 days. If there are any questions regarding this action, please feel free to contact the office of the City Administrator. Sincerely, Thomas L. Hedges City Administrator Enclosure cc: E.J. VanOverbeke, Director of Finance/City Clerk TLH/kf /79 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Board of Directors association of President metropolitan James A. Scheibel St. Paul municipalities Vice President Robert D. Thistle September 11, 1985 Coon Rapids TO: Mayors Past President Ronald J. Backes Managers/Administrators St. Louis Park (Dakota County AMM Member Cities) Directors FROM: V r eterson, Executive Director Addicks, Jr. Wentor inneapolis RE: AMM Board of Directors Vacancy Gary Bastian Maplewood NOMINATIONS WANTED! Sharon Sayles Belton Minneapolis Please be advised that there is one vacancy. on the Board of Directors due to the resignation of Robert J.Benke Jon Elam, Mound City Manager. (Jon, is now New Brighton Director of Administration at the Metropolitan !Jonathan R. Elam Council). There is only one official (Kevin Mound Frazell, Mendota Heights Administrator) from Dakota County on the AMM Board currently and it WalterFehst is the Board's intent to give preference to City Robbinsdale Officials from Dakota County in filling the Edward Fitzpatrick vacancy. Fridley This vacancy may be filled by either an elected •Kevin Frazell official (Mayor, Councilmember) or an appointed Mendota Heights Official (Manager, Administrator) and it is the James Lacina Boards intent to fill this vacancy on October 3, Woodbury 1985. The Board is soliciting nominations from AMM member cities in Dakota County via this memo James Miller and written nominations should be sent to the AMM Minnetonka office, to the attention of Vern Peterson; by no Patricia Hoyt Neils later than Wednesday, September 25, 1985. Plymouth Please do not hesitate to call me should you have Neil W. Peterson questions! Bloomington Eldon Reinke Shakopee Robert Sundland St. Anthony Leslie C. Turner Edina Maureen Warren St. Paul d 11 Executive Director Vern Peterson 183 university avenue east, st. pauI, min nesota 55101 (612) 227-5600 JDouoe of Rtpreantatibeo Waoington, ig.C. 20515 September 10, 1985 The Honorable Connie Morrison Mayor, City of Burnsville 1313 East Highway 13 Burnsville, Minnesota 55337 Dear Connie: Thanks very much for hand -delivering the League of Minnesota Cities letter of August 29th signed by yourself and a couple of dozen other Mayors within the 3rd Congressional District. I particularly appreciate the extensive effort you exerted to be sure the letter was in my hands prior to my de- parture from Minnesota. I also appreciate the visit of yourself,,Mary Bea to my office yesterday. As we discussed, it now appears that the House Ways and Means Committee will begin to markup the President's tax reform bill in the 4th or 5th week of September. Our Chairman is very anxious to have a bill, and a majority of the Committee has at least some sort of a commitment to try to work out a responsible tax reform bill even though there is no consensus now on what the bill should be. I Nobody knows for sure what the chances for passage of such a bill might be. In addition to the controversial items which you cite, and many more, there remains the larger question of whether our economy can stand fundamental changes in our tax system at a time of less than vigorous growth, or even the more basic question of whether the bill as proposed will actually im- prove, or retard, growth. All of us are working gingerly on this matter. None of us want to be • identified as the slayer of this wonderful animal. Local taxes is such an important element, that it is alleged that its removal or substantial change would kill the bill's chances. I don't subscribe to that theory but it does have some currency so I am obliged to work very carefully on what has come to be known as the "high -tax -state -problem". Your counsel and your support for retaining the state and local tax deduc- tion has already been invaluable. Whatever special information or research you or your school boards or other local organizations can provide in addition will be greatly appreciated as well. Counties, townships, and school boards, who also have a large stake in the outcome, should continue to be active. I look forward to the scheduled meeting on the 24th. I wish I could reply more definitively, but the development of both support and opposition to the bill and many of its elements is at a very tender stage. I will however keep you and your co-signers as closely informed as possible during the next few months as the bill moves, or does not move, through the House. Again, thanks for your special effort in communicating on this matter. �• /�, regards, �b I_ BF:mjn B AL renzel, M.C. copy to all TM18 RTATIONERY PRINTED ON PAPER MADE WRM RECYCLED FIDE" BILL FRENZEL M.iP['r. Cnn(15 -[PSCP TP�RD �I[TPIR. MIP 4[60TA Rmy 3.5 0130 Py", %PFN E 5d " w.V PIXGTOM pFFI[[: p LooylPC Tw., MIPP[SOTP 55431 IDId LCIY' NVYTN BVIEy1MO 613 -B81 -A600 I03-,]SER]1 (Congra.9 of the Uniteb atateo JDouoe of Rtpreantatibeo Waoington, ig.C. 20515 September 10, 1985 The Honorable Connie Morrison Mayor, City of Burnsville 1313 East Highway 13 Burnsville, Minnesota 55337 Dear Connie: Thanks very much for hand -delivering the League of Minnesota Cities letter of August 29th signed by yourself and a couple of dozen other Mayors within the 3rd Congressional District. I particularly appreciate the extensive effort you exerted to be sure the letter was in my hands prior to my de- parture from Minnesota. I also appreciate the visit of yourself,,Mary Bea to my office yesterday. As we discussed, it now appears that the House Ways and Means Committee will begin to markup the President's tax reform bill in the 4th or 5th week of September. Our Chairman is very anxious to have a bill, and a majority of the Committee has at least some sort of a commitment to try to work out a responsible tax reform bill even though there is no consensus now on what the bill should be. I Nobody knows for sure what the chances for passage of such a bill might be. In addition to the controversial items which you cite, and many more, there remains the larger question of whether our economy can stand fundamental changes in our tax system at a time of less than vigorous growth, or even the more basic question of whether the bill as proposed will actually im- prove, or retard, growth. All of us are working gingerly on this matter. None of us want to be • identified as the slayer of this wonderful animal. Local taxes is such an important element, that it is alleged that its removal or substantial change would kill the bill's chances. I don't subscribe to that theory but it does have some currency so I am obliged to work very carefully on what has come to be known as the "high -tax -state -problem". Your counsel and your support for retaining the state and local tax deduc- tion has already been invaluable. Whatever special information or research you or your school boards or other local organizations can provide in addition will be greatly appreciated as well. Counties, townships, and school boards, who also have a large stake in the outcome, should continue to be active. I look forward to the scheduled meeting on the 24th. I wish I could reply more definitively, but the development of both support and opposition to the bill and many of its elements is at a very tender stage. I will however keep you and your co-signers as closely informed as possible during the next few months as the bill moves, or does not move, through the House. Again, thanks for your special effort in communicating on this matter. �• /�, regards, �b I_ BF:mjn B AL renzel, M.C. copy to all TM18 RTATIONERY PRINTED ON PAPER MADE WRM RECYCLED FIDE" 0 RESOLUTION SPEED LIMIT DESIGNATION FOR WESCOTT HILLS DRIVE MN DOT SPEED STUDY REQUEST SEPTEMBER 6, 1985 WHEREAS, Wescott Hills Drive is a local city street south of Yankee Doodle Road 0.5 miles in length; and WHEREAS, Wescott Hills Road is a gravel surfaced rural section roadway not built to accommodate high speed traffic; and WHEREAS, Orvilla Home is an institution for retarded people located on this roadway; and WHEREAS, 119 residents of the community signed a petition to limit the speed on Wescott Hills Drive for the safety of the Arvilla Home residents; NOW, THEREFORE, be it resolved that the City Council of the City of Eagan, Dakota County, hereby requests Mn Dot District 9 to perform a speed study for Wescott Hills Drive. MOTION MADE BY: SECONDED BY: THOSE IN FAVOR: THOSE OPPOSED: .DATE: ATTEST: CITY COUNCIL CITY OF EAGAN By: By: E.J. Van Overbeke, Clerk Beatta Blomquist, Mayor I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council for the City of Eagan, Dakota County, Minnesota, in a City Council meeting thereof assembled this day of September, 1985] B2-- AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAR, MINNESOTA CITY HALL SEPTEMBER 17, 1985 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:40 - DEPARTMENT READ BUSINESS A. Fire Department p•/. C. Parks & Recreation Department B. Police Department p.14D. Public Works Department IV. 6:50 - CONSENT AGENDA p -22-A. Proclamation for Kinship Week P•a o B. Contractor Licenses C. Project 447, Receive Report/Order Public Hearing (Yankee Doodle Road - TH 13 to Federal Drive) p.ay D. Project 418R, Receive Final Assessment Roll/Order Public Hearing (Golden Meadow.Road) F -AS E. Contract 84-10, Approve Change Order #2 (Silver Bell Road) j P,aip F. Bid Award/Installation of Lighting for Goat Hill and Ridgecliff Parks - Project 85-24 1..14 G. Approval of Plans & Specifications for Parking Lots at Rahn & Ridgecliff Parks - Project 85-25 P.16 H. Bid Award for a Brush Chipper/Parks Department P.ai I. Contract 84-15, Final Payment/Acceptance (Sun Cliff 2nd Addition Utility & Street Improvements( p.a9 J. Final Plat Approval - Blackhawk Glen Addition (Sienna Corp.) P.3.0 K. Vacate Utility & Right -of -Way Easements, Receive Petition/Order Public Hearing (Blackhawk Glen) p.31 L. Excavation Permit #30-185, Cinnamon Ridge 4th & 5th Additions V. 6:55 - SPECIAL ASSESSMENT COMMITTEE RECOMMENDATIONS 1P.3a.A. Project 411, Birch Park/Patrick Eagan Park - Trunk Storm Sewer p.&6 B. Minutes of August 1, 1985, Meeting (Project 417 - Deerwood Drive, and Other Miscellaneous) VI. 7:00 - PUBLIC HEARINGS P.79 A. Vacation of Drainage & Utility Easements (Meadowland Addition) �f g(B. Project 348, Final Assessment Hearing (Coachman/Four Oaks Road - T Streets & Sidewalks) p•Q3 C. Project 371B, Final Assessment Hearing (South Coachman Road - Streets) p.45 D. Project 398, Final Assessment Hearing (Sun Cliff 2nd Addition - Streets & Utilities) p.T-JE. Project 399, Final Assessment Hearing (Silver Bell Road - Streets) Q i F. Project 400, Final Assessment Hearing (Oak Cliff Pond Addition Trunk Storm Sewer) PUBLIC HEARINGS (continued) -91 G. Project 404, Final Assessment Hearing (Lexington Place South & Lexington Place 2nd Addition - Utilities) 1D. Cr(p H. Project 410, Final Assessment Hearing (Lone Oak Road - Trunk Storm Sewer Outlet) p -q ? I. Project 411, Final Assessment Hearing (Birch Park Addition & Patrick Eagan Park - Trunk Storm Sewer Outlet) Q.IDD J. Project 415, Final Assessment Hearing (Cedar Cliff Commercial Park - Streets & Utilities) p.10A,K. Proposed 1986 General Government Budget VII. BRA 1.103 A. Consideration of Tax Increment Financing (Interest Rate Reduction Program) for Wescott Hills Fourth Addition Housing Project (John C. Houston & Darrel E. Gonyea - Continued from September 3, 1985, meeting) vim OLD BUSINESS Q A. Consider Recommendation of HRA and Set Public Hearing to Consider Tax Increment Financing (Interest Rate Reduction Program) for Wescott Hills Fourth Addition Housing Project/John C. Houston & Darrel E. Gonyea (Continued from September 3, 1985, meeting) p. (p B. Rezoning from Agricultural to a Planned Development and Preli- minary Plat for Lemay Lake Hills (Al Kempf/Martin Shields Consisting of Approximately 13.69 Acres Containing 8 Single - Family Lots & 40 Apartment Units. Located in Part of the NW 1/4 of Section 10, North of Towerview Road (continued from September 3, 1985, meeting) I%. NEW BUSINESS n.(4Z) A. Special Permit for Dadco Diversified to Allow an Outside T Freezer, Sibley Terminal Industrial Park, Block 2, Lots 2 & 3, Located in Section 8, 3248 Terminal Drive P -!4q B. Special Permit for Sunshine Construction to Allow a Temporary Advertising Sign Located in the SW 1/4 of Section 22, East of Pilot Knob Road, South of Deerwood Drive ID. Igf C. Tilsen Homes for a 5' and 10' Variance for a Corner Lot in Wilderness Run 6th Addition, Lot 1,'Block 1, Located at East Balsam Trail and Carlson Lake Lane 10.Ij3 D. Gene Bassett Realty, Request for a Modification to the 100% Handicapped Occupancy Requirement for the Eagles Nest Project. X. ADDITIONAL TTEILS I(0b A. Contract 85-23, Receive Bids/Award Contract (Pine Ridge Drive and Group W - Street Improvements) ZI. VISITORS TO BE HEARD (for those persons not on the agenda) III. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 12, 1985 SUBJECT: AGENDA INFORMATION After approval of the September 3, 1985, regular City Council minutes, special minutes for the August 27, 1985, special meeting, the minutes of a meeting of the Eagan HRA and the agenda for the September 17, 1985, City Council meeting, the following items are in order for consideration: A. FIRE DEPARTMENT There are no items to be considered under Fire Department at this time. B. POLICE DEPARTMENT There are no items to be considered under Police Department at this time. C. PARKS & RECREATION DEPARTMENT There are three (3) items requiring review, discussion and action as presented by the Advisory Parks & Recreation Commission: 1. Park Acquisition of the Mueller Site -- The Parks & Recreation Advisory Commission is recommending that the City Council authorize • a joint acquisition with ISD #196 for 30 acres of property, known as the Mueller site, located on Wescott Road. ISD #196 would acquire approximately 20 acres for an elementary school while the City would acquire for future development approximately 10 acres as a park site. For additional information on this item refer to a memorandum from the Director of Parks & Recreation enclosed on pages Z through �. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authoriza- tion to proceed with acquisition of the Mueller site with ISD #196. MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: SEPTEMBER 11, 1985 RE: JOINT SCHOOL/CITY PARK PURCHASE — MUELLER PROPERTY BACKGROUND: School District 196 has a tentative purchase agreement for 30 acres of the Mueller property on Wescott Road immediately adjacent to the north/south Northern States Power utility easement. This site has been selected for a future elementary school. Its general vicinity has also been designated as a future neighborhood park in both the City's Comprehensive Guide Plan and Park • Systems Plan. Joint acquisition of this site of which ten acres of the 30 acre parcel would be designated for park purpose has been reviewed with the School District. This item was presented to the Advisory Parks & Recreation Commission on September 5 with the Commission making recommendation to the City Council to acquire this site. (Attached please find a memorandum to the Advisory Commission dated September 4, 1985). . PARKISCHOOL DESIGN CONSIDERATIONS: As stated in the Analysis Section in the attached memorandum to the Advisory Commission, staff emphasized with the architect from the School District the joint acquisition must include the following provisions for the park: Access to the park via pedestrian and vehicular traffic, a shared parking lot for park and school usage and sufficient space in the park for a soccer field and softball/baseball field. In addition, space for development of a joint • playground and equipment area incorporating hard surface games for both City and school usage. As depicted on the attachment, the District architects have met these requirements within the 10—acre park site. This is a preliminary site plan and subject to change once final plans are prepared for a future school, there are other concerns relative to joint park and school usage which need to be addressed. As it relates to this specific plan, staff would recommend there be an extended north/south trail along the west side of the entrance road and parking lot. This would connect to the future trail along Wescott Road. This trail linkage would provide access for walkers to both the park and school. Preliminary grading plans indicate a 1% cross slope on the soccer field which �. would have to be revised to provide for more positive drainage. Since the entire site and grading plan is very preliminary, as is the parks plan, department staff will prepare a completed park plan at the time of park construction. The third adjustment to the park plan would include the proposed softball/baseball field be placed slightly to the north at a higher elevation to reduce grading cost and to create an area for play equipment/hard surface games closer to the school building. COMMISSION'S RECOMMENDATIONS: The Advisory Parks & Recreation Commission concurred with department staff's review and analysis of the proposal. Commission recommended to the City Council that it acquire the ten acres of park property as depicted in the sketch plan. In addition, Commission recommended that the acquisition cost come from the Park Site Acquisition and Development Fund. The Commission continued its recommendation to the City Council by suggesting that the City needs to develop plans to finance construction ofthe park concurrently with future school development. As part of a development project, Commission hopes to seek an agreement with the School District via a joint powers pact which would include trails development, play equipment and hard surface areas, joint usage of the property and assurances that the City's Parks Planner/Landscape Architect prepare the Parks Master Plan. KV/js • • k MEMO TO: ADVISORY PARKS & RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: SEPTEMBER 4, 1985 RE: JOINT SCHOOL/CITY PURCHASE — SCHOOL PARK LOCATION BACKGROUND• The Advisory Parks & Recreation Commission has previously discussed the purchase of 30 acres with School District 196 for a school/park location. This parcel will be located in Park Service Section. 014 with the 30 acre -parcel on Wescott Road immediately east of the north/south Northern. States Power easement. • The architectural firm of Hammel, Green & Associates employed by School District 196 has done a sketch plan for the site. This plan depicts the probable building location., access road, adjacent facilities, and the ten acres (as outlined by the heavy dark dash line) designated for parks purposes. ANALYSIS: In a staff meeting with the architects from Hamel, Green & Associates, it was a staff requirement that the parks area be able to provide for a soccer field �I and softball/baseball field. In addition, access to the park via vehicle and pedestrian traffic was essential. A shared parking lot was also a requirement. Although not depicted on the sketch plan, the requirement included a joint playground area for play equipment and hard surface games. As can be noted, the architect has indeed shown these requirements. Sufficient green space in the northwest corner of the site will provide a • passive element to the park. It appears that trails will work effectively through the park/school acting as a connection to the west and south. The City's overall Comprehensive Trails Plan indicates trails connections on Wescott Road and beneath the north/south NSP trail easement. AREAS OF CONCERN: Staff has done a preliminary review of the grading plan accompanying this sketch. While the grading plan is obviously preliminary and therefore, difficult to ascertain grading quantities, there remains some concern. It appears that there will be a significant amount of fill required to develop the ball field on park property. It is probable that when final plans are developed for the park by the City's Landscape Architect/Parks Planner this ball field will be shifted further to the north and raised to a higher elevation. This would reduce earth work quantities as well as provide space for the previously mentioned play area. The Advisory Commission had previously expressed concern relative to the timing and development of this site. From the information available to us at this time, it is staff's opinion that this site, for parks purposes, will not have to be developed for at least four more years. While this is always subject to change based on growth and development, the current agenda for park development and park priority would continue to place this in a four—to—five ;year timeframe. If at that time development of the park site were to precede the school site, development would be difficult to accomplish. However, in all probability it is likely that development of the school would precede that of the park. The current school enrollment within District 196 and particularly Eagan is growing at such a rapid pace that the construction of a fourth elementary school within Eagan/196 is very likely. Therefore, the City should continue to monitor the School District's plans carefully and closely in order that it can be able to fund construction of this park on a timely basis. OTHER CONCERNS: The Commission had previously questioned what would happen if the school site were not developed. Inasmuch as the City has previously sought park property at this location, the need for a park remains regardless of whether there is a school or not. If the scenario develops that the school is never built and the property is ultimately sold to a developer, the City would retain control in that development of the park would eventually have to have plat approval by the City. Such approval would obviously require that the developer provide street access to the park. FUNDING: • The cost for this park property will be $9,000 per acre which includes assessments. The City would be purchasing ten acres of property for a total cost.of $90,000. Staff is recommending that this funding be taken from the Park Site acquisition and Development Fund. SUMMATION & RECOMMENDATIONS: The sketch plan developed by the architect generally represents and meets the needs for the parks including access, facilities, and with some modification, pedestrian circulation. Further work will be done by the City's Parks Planner/Landscape Architect at the time -of development of the park to revise grading plans to insure completeness. The studying of other park amenities including play equipment and hard court surface areas needs to be done at time of final school/park design, but appears to be workable with the shifting of • the baseball field on park property to the north. .It would be appropriate for the Commission to consider a recommendation to the City Council which would include the City acquiring ten acres of park property as depicted in the sketch plan developed by the School District at a total -cost of $90,000. Second, that the City develop plans to finance construction of the park concurrently with school development. Third, that the City reach an agreement with the School District or develop a Joint Powers pact for the site which would address 1) trails development, 2) play equipment and hard surface areas, 3) the joint development, i.e. grading of the site and 4) City/school usage of the property, 5) that the Parks Planner/Landscape Architect prepare a park plan based on the depiction of the parks property for future considerations. Staff will provide additional information and specifics regarding the site at the meeting. Respecttu4y submitted. Dire'tOr arks & Recreation KV/js • mono - l �✓ �, � ..,,� . -1 C S _:. 1•- •/.•'/o ♦� i -_Popo-- - - � /• .• I,I 1 I S OI _2 a Ic ark it Zlry _ ..:888-- - �v soFrsnLL ... �f • to eLE' ^I Fr5,ALL, of 01 sb!- '__ ll � � � 1 _ , _ � �. -_�♦ _i _- ,.GONG �I_ lb so k 1 1 i busNe =•v'_ ♦♦ .vee � � _i. ,, \ - ZL\ ale LE FcUT�_URE ':E NIEN ARY..F0R -ISD 19E - I ... s c a • • Agenda Information Memo September 17, 1985 City Council Meeting Page Two 2. Proposed Athletic Site Purchase -- The Advisory Parks & Recreation Commission is recommending acquisition of 40 acres for a future athletic site within the 65 acres owned by members of the George Ohman, Sr., family. For additional information, refer to the attached memorandum found on page ACTION TO BE CONSIDERED ON THIS ITEM: 1) Approve or deny authoriza- tion to negotiate acquisition of 40 acres for an athletic site within the property owned by Ohmans and 2) to approve or deny retaining Mr. Martin DesLaurier, a real estate broker, to negotiate the purchase on behalf of the City. 01 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION v DATE: SEPTEMBER 6, 1985 RE: PROPOSED ATHLETIC SITE PURCHASE At the Advisory Parks & Recreation Committee meeting of September 5, 1985, the Advisory Commission reviewed sites for purchase of a future athletic site. Numerous alternatives were presented to the Commission concerning size, layouts, probable purchase costs, etc. After nearly an hour and a half of discussion and exploration of the issues, the Advisory Commission has recommended to the City Council that staff be authorized to proceed with • negotiations to purchase property identified as the Ohmans on Pilot Knob Road south of Cliff. Commission recommended that staff try to secure up to 40 acres for this athletic site. Based on estimated acquisition cost, it would exceed that which is in the parks bond fund. Therefore, Commission has indicated its willingness to fund the balance of the acquisition from the Park Site Fund. Commission also recommended that staff secure the services of an agent to act on behalf of the City to negotiate this purchase. Mr. Martin DesLauriers, former Eagan Police Chief and now a Real Estate Agent for Dakota, Eagan Realty is one of two agents willing to act on behalf of the City. It was a consensus of the Commission that Mr. DesLauriers be hired to negotiate this purchase because he is familiar with the City and his stature in the community and particularly the family members who are in ownership of this parcel. I would be happy to make a presentation to the City Council regarding the • various alternatives, cost per acre and range of possible siting of the property within the 65 acres owned by the Ohmans if so desired. FOR COUNCIL CONSIDERATION: City Council is asked to approve the Advisory Parks & Recreation Commission's recommendation to proceed with the hiring of an agent to act on behalf of the City to negotiate the acquisition of 40 acres for an athletic site within the property owned by Ohmans. Respectfully submitted, Director of Parks & Recreation KV/js Agenda Information Memo September 17, 1985 City Council Meeting Page Three 3) 5 -Year Capital Improvement Program for Bicycle Trails -- The Advisory Parks & Recreation Commission is recommending review and adoption of Dakota County's five-year capital improvement program for bicycle trails from 1986 through 1990. For additional information, refer to a memorandum prepared by the Director of Parks & Recreation which summarizes the five-year bicycle trail plan as proposed by the County. Also addressed in that memorandum are review comments by the Commission. This memorandum is enclosed on pages // through ACTION TO BE CONSIDERED ON THIS ITEM: To review and adopt Advisory Parks & Recreation Commission recommendations to the Dakota • County five-year capital improvement program for bicycle trails in the years 1986 through 1990. • 16 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION r DATE: SEPTEMBER 10, 1985 RE: DAKOTA COUNTY 5 -YEAR BIKEWAY TRAILS PLAN BACKGROUND• Dakota County is upgrading its five-year Capital Improvement Program for bicycle trails from 1986 through 1990. The County has asked for review and comments from cities affected by this plan. The Advisory Parks & Recreation Commission reviewed the five year C.I.P. at its September 5th Commission meeting and has made a recommendation to the City Council. • BIKEWAY CAPITAL IMPROVEMENTS PROPOSED FOR EAGAN: 1986 - Lone Oak Road from Pilot Knob to Eagandale - an off road trail. Nicols Road from Cliff Road to Beau D'Rue on the east side. EXPLANATION• The segment proposed on Lone Oak from Eagandale to Pilot Knob would complete the trail length from Pilot Knob east to Lexington Avenue. The segment on Nicols Road would be timed with the turnback of Nicols to the City for road reconstruction and could be done simultaneously. 1987 - Pilot Knob Road from I -35E to Cliff Road, east side. EXPLANATION• This trail length would be an extension of the existing trail north of Yankee Doodle. Construction would be simultaneous with the upgrading and reconstruction of Pilot Knob Road. 1988 - Cliff Road from Lexington Avenue to Highway 113, south side. EXPLANATION: The proposed C.I.P, improvement is to install an off road trail within Dakota County Regional Park for the purpose of providing access to the park and particularly Schultz Beach. The proposed funding for this trail length is from a proposed grant through the State of Minnesota Bikeway Program rather than as a budget request. 1989- Cliff Road from Johnny Cake to Pilot Knob Road, south side. EXPLANATION• Trail construction would be done in conjunction with the widening and upgrading of Cliff Road currently proposed to be in 1989. This trail length would complete the bituminous trail from Pilot Knob to Burnsville/Eagan border. 1990 — Pilot Knob Road from Cliff south to County Road 1138 in Apple Valley. Cliff Road from Pilot Knob Road east to Lexington Avenue. EXPLANATION• The trail length on Pilot Knob Road south to Apple Valley would be concurrent with proposed street upgrading of Pilot Knob Road. Cliff Road from Pilot Knob to Lexington would also be done at this time in conjunction with the upgrading of the intersection of Pilot Knob and Cliff Road. This would provide a continuous length on Cliff Road from Nicols to Highway 113. Council members will note that the proposed trail link on Yankee Doodle Road is not being proposed in this five—year timeframe. It is understood the 1985 County budget does include funding for the trail link west of Pilot Knob on Yankee Doodle. This work is to be done simultaneously with the upgrading of this County road. ADVISORY CONMISSION REVIEW: The Parks & Recreation Commission appreciated the opportunity to comment on • the Dakota County long range bicycle way plan. The Commission is very supportive of the bikeways and trails system which is reinforced by the users of existing trails within the City of Eagan. The Commission concurs with the relative ranking and priorities of trails as shown in the County C.I.P. with the following additions and comments: 1. That the County Bicycle Trails Plan should include Yankee Doodle east of I -35E to Lexington Avenue. 2. Lexington Avenue from Yankee Doodle south to approximately one—quarter mile north of Diffley should be shown as part of the trails plan and included under a 1988 C.I.P. request. 3. The trail segment from Pilot Knob to Lexington proposed for 1990 construction be included in 1988 with the proposed trail link from • Lexington east to Highway U3 on Cliff Road. 4. That the Dakota County Trails Plan be upgraded to show a bicycle trail link on Yankee Doodle east from Lexington Avenue to Highway 113. This would not be considered at this time within the five—year plan. Commission rationale for these recommendations, particularly the extension of the trail on Yankee Doodle to Lexington and the trail on Lexington to Yankee Doodle south to Diffley, (not shown on the Dakota County Trails Plan) should be built because of the rapid rate of development and growth within this area of the City. In particular, the Commission pointed to the development of the 170 acres known as "Town Centre" in this vicinity. Further, the City's Comprehensive Trails Plan has long indicated trails in this segment, although not recognized by Dakota County. The Commission recommended that Lexington include trails south of Wescott as a means of linking the southern residential areas to Wescott and hence, to the Dakota County Library and City Center. /ti Finally, the Commission recommended that the link between Pilot Knob Road and Lexington on Cliff be constructed simultaneously with the proposed construction of the trail east of Lexington to Highway #3. The Commission reasoned that this construction should be done simultaneously to complete the link from Pilot Knob Road to provide better, safer access for more people. Attached to this memorandum are graphic depictions showing the proposed C.I.P. trails construction program within Eagan. Also enclosed is a copy of the City's Comprenesive Trails Plan as prepared for the 1983 Park Systems Plan. Should members of the Council have any questions regarding this item, staff will be present at the City Council meeting on September 17 to answer any questions. KV/js • Attach. • 73 PROPOSED COUNTY TRAIL IMPLEMENTION PLAN IL ot EXISTING CITY ,TRAILS goo•••• I 07000 PROPOSED COUNTY TRAILS M�M Yankee 1988 Wy • 1 y, • i / 1 o tl ¢ m I1 > 0 .• ••• ••••• a ' � e•••({/i• I/ ro a•u•g a •••u• co 1 1 / 1987 .. 00 • • • ••� Dif flay Road 19 • �f 4b i i I • o 1988 1- i .............• y.: ...•.........'.' • ................. • e// o / .. Wilderness• ioa ,. 1 Q• .1 • Run • Ilb 1 • i •..� •••••••••••rye•• goes* M1eRid• �omay��v��v®sa�v •a®� 1989 1 1990 1988 �i • • • • • •� I go L.1144 .. ..w.:..a. COUNTY TRAIL PLAN ........... ....... 1986 1987 1989 •.�............• 1888 Lone Q0. 1990 c Hwy 1 r m / o V Yankee Doodle Roaq ,/• i i/ /•r / /I m 11 - Il o f Q II II O e II Y // O i $if Diffley Road a h o i Q 0 by. w...iiiifloiiw. y! - i Hwy 55 I v 0 D WJRun I Agenda Information Memo September 17, 1985 City Council Meeting Page Four D. PUBLIC WORKS DEPARTMENT 1. Snow Removal Parking Ban -- The Mayor wanted to have a review performed of the existing parking ban that was implemented by Council action in the fall of 1984 to facilitate snow removal operations. Enclosed on page 17 is a copy of the present ordinance which identifies the parking restrictions during the City's snow removal season. Enclosed on page /,�' is an article that was published in the Eagan Chronicle informing the public / of the new parking ordinance. Enclosed on page � is a copy of the warning that was distributed on all vehicles in violation of this ordinance prior to the season's first snow fall. • The Public Works Director will be able to provide additional background information relating to the affect of the ordinance last year and reasons for maintaining this current ordinance for future snow removal seasons. • ACTION TO BE CONSIDERED ON THIS ITEM: Reinforce/amend existing snow removal parking ban ordinance. 1( ORDINANCE NO. , 2nd Series AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 9, ENTITLED "PARKING REGULATIONS" BY ADDING PROVISIONS RELATING TO C WINTER SEASON PARKING WITHIN THE CITY: AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 9, Section 9.09, entitled "Snow Emergency" is hereby replaced by the following: Section 9.09. WINTER SEASON PARKING. Subd. 1. The winter season in which the following parking restrictions are applicable is hereby defined as beginning on November 15 of each year and continuing through April 15 of the following year. • Subd. 2. Parking Prohibitions. parM.t�'r.� cw17 (A). On odd -numbered days parking shall be $rehl4l ed on that side of the street with odd -numbered addresses for a period of twelve (12) hours beginning at 6:00 a.m. and continuing until 6:00 p.m. (B) On even -numbered days parking shall be preHibibed on that side of the street with even -numbered addresses for a period of twelve (12) hours beginning at 6:00 a.m, and continuing until 6:00 p.m. Subd. 3. Impounding and Removing Vehicles. If any vehicle is parked, abandoned, or left standing in violation of the terms of this ordinance, the vehicle may be moved by this municipality in • accordance with the terms of Section 9.12 of this Code entitled "Impounding and Removing Vehicles". Section 2. Eagan Code, Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled "Violations as a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. Section 3. Effective date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Adopted: /0-340 -Sy Date Ordinance Published in the legal newspaper: /7 EAGAN a Current newspaper SECTION A Monday, Nov. 5, 1984 Vol. 5, No. 45 Bringing you the news of the people, the neighborhoods and business of Eagan Parking 11 signs posted by Tim O'Donnell The signs of winter are popping up all over Eagan. No, they're not flooding skating rinks. No, snow throwers are still in their starting gates. The signs are real — metal and painted black and red — and they explain where you can and cannotpark your car this winter. The winter parking regula- tions are in effect from 6 a.m. to 6 p.m. each day from Nov. 15 to April 15. During those times, you can park on the odd - numbered side of the street on an odd -numbered calen- dar day. And you can park on an even -numbered side of the street on an even -numbered calendar day. Let's say you live at 621 X. posted throughout the city. Eagan Ave. When the winter even day and even side. parking regulations begin The reason for the parking Nov. 15, don't worry, you can ordinance is that it will help still park in front of your make for easier snow house. But leave a little room removal. for the neighbor across the 'PARKING w street in house. No. 624 ing regulations? Well, they a contain a paragraph that - NOV 15 TO APRIL 15 The next day, Nov. 16, 6AMTO6PM you'll both have to park in PARKING front of 624 Eagan Ave. — 000 OAYS IEYEN ODD SIDE EYEN SIDDAYSE �y .t Signs outlining Eagan's winter parking ordinance are posted throughout the city. Eagan Ave. When the winter even day and even side. parking regulations begin The reason for the parking Nov. 15, don't worry, you can ordinance is that it will help still park in front of your make for easier snow house. But leave a little room removal. for the neighbor across the And if you ignore the park - street in house. No. 624 ing regulations? Well, they because he'll have to park on contain a paragraph that your side of the street.. says the city may impound The next day, Nov. 16, and remove your car. you'll both have to park in Happy winter! front of 624 Eagan Ave. — OF • • Bar 3830 Pilot Knob Road Eagan. Minnesota 66172 police department JAY Y. BEBTHE O�/Mlae MTHICK 1 GEAGAN AYYYVIp.(yy. KENNETH 0. ABZ K W A R N I N G YOUR VEHICLE IS IN VIOLATION Effective November 15th until April 15th, Eagan City Code, entitled "Snow Emergency" is amended as follows: On odd -numbered days, parking shall be permitted only on that side of the street with odd -numbered addresses for a period of twelve (12) hours beginning at 6:00 A.M. and continuing until 6:00 P.M. On even -numbered days, parking shall be permitted only on that side of the street with even -numbered addresses for a period of twelve (12) hours beginning at 6:00 A.M. and continuing until 6:00 P.M. Parking is permitted on either side of the street from 6:00 P.M. to 6:00 A.M. unless otherwise posted. THIS IS TO WARN YOU THAT VEHICLES PARKED IN VIOLATION OF THE ABOVE WILL BE TAGGED AND/OR TOWED. Thank you for your coop ion. J M. Berthe C i f of Police Ci y of Eagan Iq THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information September 17, 1985 Page Five Memo City Council Meeting There are twelve (12) items on the agenda referred to as Consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. The Director of Parks & Recreation will be present if the Council has any questions regarding Items F, G and H on the Consent Agenda. • CONTRACTOR LICENSE • A. Contractor License -- Enclosed on page Z/ is a list of contractors who are renewing or who have been selected and retained as the builder by a customer either living in or planning to reside in Eagan.. These contractors have references from other municipalities or their client permit applications are awaiting City Council approval for a contractor license. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of contractor license as presented. 0 101- 1. C[IRTIS HOMES, INC. 2. HEAVER DESIGN & CONSTRUCTION, INC. 3. PCQUEITE & SONS, INC. 4. TERRY E. STOVER 5. HARVEY HQ4ES, INC. • HEATING & VENTILATING: 1. CHEYENNE PLU4BING & HEATING, INC. Rol-iur �: 2. WELTER & BLAY=, INC. 2/ Agenda Information Memo September 17, 1985 City Council Meeting Page Six PROCLAMATION FOR KINSHIP WEEK B. Proclamation for Kinship Week -- The City was contacted by Kids -'n -Kinship of Burnsville requesting that the City of Eagan proclaim September 22 - 29 as National Kinship Week to help promote the volunteer friendship program for children needing stable adult companionship. Kids -'n -Kinship serves the youth of Apple Valley, Burnsville, Eagan, Farmington, Lakeville and Rosemount. Enclosed on page 7-3 is a copy of a brochure that explains the kinship program. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize Mayor Blomquist • to proclaim September 22 - 29 as Minnesota Kinship Week. • 2Z THE INGREDIENTS OF KINSHIP Kinship is a preventative program., The goals and objectives are to provide the friendship and 'A. guidance a child needs to avoid serious problems in the future. i II It is important for these children KINDNESS AND UNDERSTANDING to be exposed to different environments and to give them a 11 chance to do some of the things 1. they are unable to do.because of their present situation. q. MYROVING THE ADULT -CHILD is kinship What RELATIONSHIP Kinship is a friendship lil, program for children $ to 16 years of age who have a need for stable adult companionship. EVER LETTING A CHILD Where are the children from DOWN The children are referred,'to us by professional people in our area such as counselors,, teachers, publ c1health nurses, caspworkdrIs, k -and mothers who realize their .'I t RARING A'LITTLE OF YOUR, children need this helpll�':..'The TIME AND LOVE areas 'served are Apple Valley,' Burnsville, Eagan, Farmingto Lakeville, land Rosemount., W iq involved d as volunteer" AVING FUN WITH YOUR Single men and women, couples, CHILI) It I 1 11 and families who have an interest 1i in working with children.�-O,I� It' " Wha is extected of a volunteer k To accept the child as he is, NICRiASI�G A CHILD'S I I , I I I I be his Special Friend",'and el' SELF7,CONFIDENCE dll't maintain a once a week' contact with him... preferably for at 11,10 1 1 1 I I , I least a, year' s time. It I ROVIDING STABLE T COMPANIONSHIP KINSHIP IS FUN AND REWARDING 11 I k" -k THE INGREDIENTS OF KINSHIP Kinship is a preventative program., The goals and objectives are to provide the friendship and 'A. guidance a child needs to avoid serious problems in the future. i II It is important for these children KINDNESS AND UNDERSTANDING to be exposed to different environments and to give them a 11 chance to do some of the things 1. they are unable to do.because of their present situation. q. MYROVING THE ADULT -CHILD is kinship What RELATIONSHIP Kinship is a friendship lil, program for children $ to 16 years of age who have a need for stable adult companionship. EVER LETTING A CHILD Where are the children from DOWN The children are referred,'to us by professional people in our area such as counselors,, teachers, publ c1health nurses, caspworkdrIs, k -and mothers who realize their .'I t RARING A'LITTLE OF YOUR, children need this helpll�':..'The TIME AND LOVE areas 'served are Apple Valley,' Burnsville, Eagan, Farmingto Lakeville, land Rosemount., W iq involved d as volunteer" AVING FUN WITH YOUR Single men and women, couples, CHILI) It I 1 11 and families who have an interest 1i in working with children.�-O,I� It' " Wha is extected of a volunteer k To accept the child as he is, NICRiASI�G A CHILD'S I I , I I I I be his Special Friend",'and el' SELF7,CONFIDENCE dll't maintain a once a week' contact with him... preferably for at 11,10 1 1 1 I I , I least a, year' s time. It I ROVIDING STABLE T COMPANIONSHIP KINSHIP IS FUN AND REWARDING 11 I k" Agenda Information Memo September 17, 1985 City Council Meeting Page Seven PROJECT 447/YANKEE DOODLE ROAD C. Project 447, Receive Report/Order Public Hearing (Yankee Doodle Road - T.H. 13 to Federal Drive) --In response to the Dakota County Highway Department's schedule for upgrading this segment of Yankee Doodle Road, the Council authorized the preparation of a feasibility report for formal presentation and discussion at a public hearing which would be necessary to finance the City's _obligation of this street, storm sewer and sidewalk improvement. This report has now been completed and is being presented to the Council for their information and consideration of scheduling a formal public hearing. It is the staff's intention to hold • an informal neighborhood meeting to present the details of this report prior to the formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 447 (Yankee Doodle Road - T.H. 13 to Federal Drive) and order the public hearing to be held on October 15, 1985. PROJECT 418R/GOLDEN MEADOW ROAD D. Project 418R, Receive Final Assessment Roll/Order Public Hearing (Golden Meadow Road - Streets & Utilities) --Installation of the public improvements proposed under Project 418R (Golden Meadow Road - Streets and Utilities) have now been completed, all costs tabulated and the final assessment roll prepared for presentation to the Council for consideration of scheduling a • formal, final assessment public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess- ment roll for Project 418R (Golden Meadow Road - streets and utilities) and schedule the final assessment public hearing to be held on October 15, 1985. Agenda Information Memo September 17, 1985 City Council Meeting Page Eight APPROVE CHANGE ORDER #2/SILVER BELL ROAD) E. Contract 84-10, Approve Change Order #2 (Silver Bell Road) —During the finalization of this project, it was determined that the intersection of Silver Bell Road and Beau de' Rue Drive had to have the new surface removed and replaced due to premature deterioration being identified. Through discussions and negotiations with the contractor, it was determined that 508 of this cost would be the contractor's responsibility under the warranty contract and the other 508 would be the City's responsibility due to the weather and working conditions during which the contractor was forced to perform this work. The Public • Works Director is recommending the Council approve this change order which reflects the City's 508 liability. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 84-10 (Silver Bell Road) in the amount of $1,762.68 and authorize the Mayor and City Clerk to execute all related documents. • Agenda Information Memo September 17, 1985 City Council Meeting Page Nine BID AWARD/LIGHTING INSTALLATION/GOAT HILL & RIDGECLIFF PARK F. Bid Award/Installation of Lighting for Goat Hill and Ridgecliff Parks Project 85-24 -- The City is scheduled to receive bids on Monday, September 16, for Project 85-24 which provides materials and installation of athletic lights for Goat Hill and Ridgecliff parks. These bids will be tabulated on Monday and presented as an addendum to the agenda information packet with the Administra- tive packet on Monday for your consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the most favorable bid for athletic lighting materials and installation at Goat • Hill and Ridgecliff Parks referenced as Project 85-24. • PLANS & SPECIFICATIONS FOR PROJECT 85-25 G. Approval of Plans and Specifications for Parking Lots at Rahn and Ridgecliff Parks - Project 85-25 -- Plans and specifica- tions were completed for the installation of parking lots at II Rahn and Ridgecliff parks. The construction will be performed under Improvement Project No. 85-25 and is funded from the Parks Bond Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifi- cations for installation of parking lots at Rahn and Ridgecliff parks under Project 85-25. BID AWARD/BRUSH CHIPPER/PARK DEPARTMENT H. Bid Award for a Brush Chipper/Park Department -- The Parks & Recreation Department has requested quotations for a brush chipper. As a modification to the reforestation budget, the City Council approved $12,000 for the purchase of a portable chipper to be used primarily with the composting program. Quota- tions were received from three (3) manufacturers and the Department is recommending the purchase of Eeger Beaver Brush Chipper. This equipment is supplied by LaHas Manufacturing Equipment & Sales and the bid amount was $10,300. The other bidders were Road Machinery & Supply for a Foremost Brush Bandit at $11,843 and the third quotation from Vermeer Sales & Service for a Vermeer Brush Chipper at $11,466. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the low quotation in the amount of $10,300 for a brush chipper from LaHas Manufac- turing Equipment & Sales. 0 Agenda Information Memo September 17, 1985 City Council Meeting Page Ten FINAL PAYMENT/ACCEPTANCE/SUN CLIFF 2ND ADDN. I. Contract 84-15, Final Payment/Acceptance (Sun Cliff 2nd Addition - Utility & Street Improvements) -- We are in receipt of a request for final payment from the contractor, M and M Contracting for work done under City Contract 84-15, Project 398. Work performed under this contract consisted of utility and street improvements within the Sun Cliff 2nd Addition. Representatives of the Public Works Department and the consultant engineering firm performed all final inspections and verified the compliance of the work with the City approved plans and specifications. All is in order for Council to approve the final payment and accept the improvements for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment in the amount of $9,725 to M and M Contracting for Contract 84-15 (Sun Cliff 2nd Addition - utility and street improvements) and authorize the acceptance of these improvements for perpetual maintenance. -2-7 • • Agenda Information Memo September 17, 1985 City Council Meeting Page Eleven FINAL PLAT APPROVAL/BLACKHAWK GLEN J. Final Plat Approval/Blackhawk Glen (Sienna Corporation) --We have received an application for final plat approval for the Blackhawk Glen Addition located northeast of the Blackhawk Hills Addition. Enclosed on page is a copy of the proposed final plat which conforms with the p eliminary plat approved by Council action on April 16, 1985. All final plat application materials have been submitted and found to be in order for favorable consideration by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat • for the Blackhawk Glen Addition and authorize the Mayor and City Clerk to execute all related documents. • EXHIBIT "A" • Agenda Information Memo September 17, 1985 City Council Meeting Page Twelve VACATE UTILITY 8 RIGHT-OF-WAY EASEMENTS/BLACRHAWR GLEN R. Vacate Utility and Right -of -Way Easements, Receive Petition/Order Public Hearing (Blackhawk Glen)—We have received a petition to vacate a portion of Blackhawk Hills Road to accommodate the proposed final plat of the Blackhawk Glen Addition. The vacation of this portion of Blackhawk Hills Road was one of the conditions that were placed on the preliminary plat approval for the Blackhawk Glen Addition. ACTION TO BE CONSIDERED • vacating utility easements Hills Road adjacent to the public hearing to be held C: ON THIS ITEM: To receive and street right-of-way Blackhawk Glen Addition for October 15, 1985. 3(D the petition for Blackhawk and schedule a Agenda Information Memo September 17, 1985 City Council Meeting Page Thirteen APPROVE EXCAVATION PERMIT/CINNAMON RIDGE 5TH & 6TH ADDN. L. Approve Excavation Permit #30-185, Cinnamon Ridge 5th and 6th Addition -- We have received an application for a grading/ex- cavation permit for the Cinnamon Ridge 5th and 6th Addition. All application materials have been submitted, reviewed by staff and found to be in order for favorable consideration by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Permit 30-185 for the Cinnamon Ridge 5th requested by Zachman Homes, Inc. 3/ To approve Excavation and 6th Addition as • Agenda Information Memo September 17, 1985 City Council Meeting Page Fourteen • e3 W�• e PROJECT 411, BIRCH PARK/PATRICK EAGAN PARK (TRUNK STORM SEWER) A. Project 411, Birch Park/Patrick Eagan Park (Trunk Storm Sewer)- -On October 9, 1984, the Special Assessment Committee reviewed several objections and concerns pertaining to the proposed trunk area storm sewer assessment associated with Project 411 which provided for the trunk storm sewer outlet for several ponds in the Birch Park Addition and Patrick Eagan Park. The four property owners being reviewed are classified into two groups and identified as follows: A. Birch Park Addition - Trunk Storm Sewer Outlet • 1. George & Miriam Nall (Parcel #10-02200-040-27) B. Patrick Eagan Park - Trunk Storm Sewer Outlet 1. Anthony Caponi (Parcel #10-02200-010-80 & 84) 2. Thomas Rooney (Parcel #10-02200-012-86) 3. Thomas Bergin (Parcel #10-02200-011-85) A. BIRCH PARK ADDITION 1. George & Miriam Nall Enclosed on pages 3'1 through is a copy of the portion of the minutes of the Special Assessment Committee meeting from that _date indicating the Committee's recommendati n for Council consider- ation. Enclosed on pages - through is the information • that was submitted to the Special Assessment Committee for their review in making a recommendation for, Council consideration. As can be seen from the minutes pertaining to this item, the Special Assessment Committee recommended that this parcel be treated as a "large lot" and assessed according to that policy on the condition that the property owner enter into an agreement pertaining to future assessments relating to future development or transactions of the property. Enclosed on pagescr/pLand_Y6- is a copy of the agreement prepared by the City Attorney. for execution by George and Miriam Nall. Enclosed on page �o is a letter of response from Miriam Nall objecting to the agreement as prepared and request- ing special consideration. The final assessment hearing pertaining to this property is scheduled later in the agenda so it would be appropriate for the Council to receive the Committee's recommenda- tion and make a determination regarding the adequacy of the agree- ment required to be executed for consideration of the "large lot" policy. Due to the fact that this agreement has not been signed, the staff is obligated to prepare the final assessment in accor- dance with present policy in absence of an agreement. Subse- 372- Agenda Information September 17, 1985 Page Fifteen Memo City Council Meeting quently, the "large lot" credit was not applied for the final assessment roll being presented tonight. However, this amount could be adjusted based on Council review and action pertaining to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the special Assessment Committee recommendations pertaining to the trunk area storm sewer assessment to Parcel #10-02200-040-27 under Project 411 (Birch Park Addition - trunk storm sewer outlet) and reject/ approve modifications to the proposed final assessments based on specified conditions to be determined. 0 33 Assessment Minutes October 9, 1984 GEORGE & MIRIAM NALL - PROJECT #411 CPATRICK RAGAN TRUNK STORM SEWER The next item brought before the Committee dealt with the objections of Mr. and Mrs. George Nall regarding the large lot credit applied to the approximately 4 acre parcel owned by them on the east side of Pilot Knob Road, south of proposed Pilot Point Addition. Mr. Colbert stated the property is not homesteaded and that the large lot policy of the City covers parcels less than 5 acres in size providing for 16,000 square feet of assessment for each assessable acre. The Nalls requested to be included within the large lot • policy and also that the ponding area to the east of the property should not be assessed. Mariam Nall was present and explained the peculiar circumstances of the parcel. The staff recommended after reviewing topography configuration and proposed future development of the property, that it is highly unlikely that the 4 acre parcel would ever be subdivided and recommended that the parcel be classified as a large lot and given the appropriate credits. Egan moved, Vogt seconded the motion to accept the staff recommendations and recom- mend to the City Council that the large lot policy be adopted and that an agreement be entered into between the City and the Nalls, providing that in the event that the property is subdivided or developed in the future, that the { existing rates for the development zoned category, then be assessed against the property. Mrs. Nall indicated that she had no objection to the proposal. All members voted in favor. ANTHONY CAPONI, THOMAS ROONEY & THOMAS BERGIN - PROJECT #411 PATRICK RAGAN TRUNK STORM SEWER • Mr. Colbert introduced the subject and indicated that the three owners mentioned above who have objected to the assessments, own property south of Deerwood Drive and generally west of Patrick Eagan Park. He stated that generally the property lies within the major drainage district outletting to Patrick Eagan Park. Mr. Bergin indicated that he would not be able to be present at the meeting. The objections generally were that the property did not drain directly into Patrick Eagan Park Pond, but rather into the pond further south which was not having storm sewer improvements installed at the present time. Two lawsuits have been started, including that by Mr. Caponi and Mr. Rooney to enjoin the City from proceeding with the assessments. Project 0411 has been authorized by the City Council to be installed. Larry Nielson appeared for Mr. Caponi and Mr. Rooney and objected to the following: 1. The cost of the entire project is less than the amount of the proposed assessments. 2. The property is not benefited to the extent that it is being pro- posed to be assessed. Assessment Minutes '4 October 9, 1984 3. Hilltop Estates Addition to the west is not being assessed for the improvements. 4. The excess amount of money necessary to install the improvements should be paid from the general revenue fund. It was noted that the assessments are not necessarily commensurate with the cost of the project, but that the funds are taken from a general storm sewer trunk fund and eventually, land in the entire City will be assessed for storm sewer trunk purposes. Tony Caponi appeared and stated that there was not adequate benefit and suggested additional ponding of water in JP -8 and Patrick Eagan Park Lake, with some overland outflow, rather than storm sewer pipes. It was noted that an outlet from JP -7 will be required at some time in • the very near future. Kathleen Boyle appeared as an owner of the property along Deerwood Drive and stated that she and her husband had not been notified of the hearing for the improvements. Mr. Nielson indicated that unless the City Attorney were to hear otherwise, that answers to the two lawsuits could be continued indefinitely. After extended discussion, Blomquist moved to continue consideration of the request until a later meeting, but there was no second and the motion died. Next, Egan moved, Vogt seconded the motion to recommend the proposed assessment be referred back to the Council to review the feasibility of expanding Project #411 to include Pond JP -7 and further, that the Caponi property and Rooney property be deleted from Project 0411 but should be in- cluded in a proposed future storm sewer project. All voted in favor except Rydrich who abstained. HEIDE SCHIEU - PROJECT #383 SCHWANZ LA%E TRUNK STORM SEWER The Committee next reviewed the proposed assessments against the Heide Schiela property located on Dodd Road, covering a 9.95 acre parcel. It was noted that the size of the parcel precluded itsbeingconsidered a large lot under the City policy, but that the assessment clerk had deducted 20% for future right-of-way dedication and also 2.2 acres of existing pond over the eastern portion of the property. Attorney Ried Hanson appeared and noted the main objection consisted of a 200 foot NSP easement, indicating it would not be a benefit to that property. He also indicated that the water generally drains into the pond on the Schiela property and there is no increase in value because the water is still there. Further, in 1981, the City gave credit for the NSP easement for the area water and sanitary sewer assessments. After discussion, Blomquist moved, Egan seconded the motion to recommend to the City Council that an agreement be entered into to consider the entire policy as a large lot to provide for 16,500 square feet of assessment per acre, due to the unusual configuration of the property, the large NSP easement and noted that because of those circumstances, would not be considered as a precedent. All members voted in favor. a31f_ • SAC 10/9/84 A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER 1. George & Mirian Nall (10-02200-040-27) BACKGROUND INFORMATION On July 17, the public hearing was held for Project 411 which provides for the trunk storm sewer outlet for Patrick Eagan Park and the ponds within the future Birch Park Addition located immediately east of the Nall property. Enclosed on page is the letter submitted by George and Mirian Nall requesting consideration by the Special Assessment Committee. Enclosed on page �,Z is the preliminary assessment roll prepared for this property which shows the total area of the lot, the credit applied for future right of way and the net assessable area. Mr. and Mrs. Nall are objecting to • the City's special assessment policy which provides for a "large lot" credit which is applied to those parcels zoned agricultural/single-family, less than 5 acres in size and homesteaded. While the property owned by Mr. and Mrs. Nall fits the first two criteria of the policy, it is presently not homesteaded. The "large lot" policy would have provided that only the first 16,500 square feet of each acre be assessed at the current race. `If Mr. and Mrs. Nall had qualified for this "large lot" assessment policy, their pending assessment would have totaled $2,972.00 instead of the proposed $6,282.00. li The "large lot" policy was adopted by the City to provide credits to those people who live on tracts of land less than five acres in size, taking into consideration the low probability of their ever dividing such a small piece of property for development purposes. In addition, the City Council required that the property be homesteaded to protect the credit only for those''owner- occupied situations and not to be applied to investment -type property. • Enclosed on page is a map showing the location of this property located just east of Pilot Knob Road. Enclosed on page -2 is a topographic overview of this property. T An additional objection by the Nalls pertains to the fact that no credit was given for the ponding area located to the east of their property and the rugged topography over the eastern half of their property which would hinder the feasibility of this property being developed. The ponding area on the eastern portion of their property is not necessary for the City's comprehensive storm sewer plan and would be allowed to be eliminated and filled through future development. The present elevation of the ponding area is approximately 50 feet below the elevation of the existing house. STAFF RECOMMENDATION After reviewing the topography, the configuration and existing and proposed future development of the property surrounding this parcel, it is highly unlikely that this 4 -acre parcel would ever be subdivided. The cost to eliminate the ponding area by importing the required amount of fill plus the apparent inability to create a sufficient number of lots through a subdivi- sion to justify the costs associated with public improvements, it is the 1. George & Mirian Nall (10-02200-040-27) (continued) staff's recommendation that this parcel be classified as a "large lot" and be given the appropriate credits. COMMITTEE RECOMMENDATIONS/COMMENTS I • • t3� o CA---Ld is �< , d �r cz 5 mss 610, w �-G r �v Q- r 4+--a C5 5 II&S w ass K.Y., � esfoo-r� Q P ENO y// PRELIMINARY ASSESSMENT ROLL APPENDIX B PATRICK EAGAN PARK/BIRCH PARK ADDITION TRUNK STORM SEWER OUTLET PROJECT NO. 411 Parcel Area Credit Assessable Total Description (sq.ft.) (sa.ft.) Area (sq.ft.) Rate Assessment NE 1/4, SECTION 22 010-02 3.89 Ac. Large Lot 3.89 Ac. $743/Ac. $ 2,84 011-04 1,873,080 Pond 91,476 1,425,284 $0.045/s.f. 64,13 Future R/W(20%) 356,320 TOTAL $67,028 NW 1/4, SECTION 22 012-26 - Eagan 771,184 Future R/W(207) 616,948 $0.045/s.f. $27,763 I� 154,236 013-26 - Eagan 435,600 Future R/W(201.) 348,480 $0.045/s.f. 15,682 87,120 014-26 - Dak. Co. 370,260 --- 370,260 $0.045/s.f. 16,662 010-27 188,740 Future R/W(20%) 150,992 $0.045/s.f. 6,790 37,748 020-27 200,000 Future R/W(20%)- 160,000 $0.045/s.f. 7,200 40,000 030-27 113,076 --- 113,076 $0.045/s.f. 5,088 —� 040-27 174,492 Future R/W(20%) 139,594 $0.045/s.f. 6,282 <- 34 898 TOTAL $85,472 Page 7. 1560c � 39' 7/0 Civic Center site i 4- DocUU No 36933 •'•• -' - S KOVD a , A 010- 27 a - Citi, of Eagan 013-2e D/0 Civic Center slte �� 020-t7 va'�. • - �oao-zi�: 40 i OSO � / 2T ' F• 4 4 'a ; C�0 V D• A LE r , 4 I DEERWOOD. — — -- — DRIVE CITY OF EAGAN ASSESSMENT AGREEMENT PROJECT NO. 411 THIS AGREEMENT dated this day of October, 1984, between the CITY OF EAGAN, (called City), and GEORGE LeROY NALL and MIRIAM MARY NALL, husband and wife, (called Owners) of 4223 Sequoia Drive, Eagan, Minnesota 55122; . WHEREAS, the City proposes to assess the following described premises in Dakota County, Minnesota owned by Owner: See Fxhibit "A" attached. for the following improvements pursuant to City Project 11411: • Patrick Eagan Park/Birch Park Addition trunk storm sewer. WHEREAS, such assessments would normally.be based upon the present zoning classification of said premises, that is, Agricultural; and NOW THEREFORE, upon consideration of the mutual covenants herein, the parties agree as follows: 1. The City agrees to assess said property for the Project and purposes described above as if it were zoned Agricultural at the rates now in existence for property so zoned, according to the Eagan large lot policy for special • assessment purposes, based upon an assessment of no more than 16,500 square feet per gross acre. 2. The Owner agrees for themselves, their heirs, executors, administrators, successors, and assigns, that in the event that the actual use of the property is changed in the future, or in the event of subdivision or development of the property, then in that event the City may reassess or levy a supplemental assessment at such time equal to the difference between the assessment for the new land use and the assessment for the present land use at the assessment rates, according, to City policy, in effect at such future time. 3• The Owner, for themselves, their heirs, executors, administrators, 1 7lory successors and assigns, further waives notice of any and all. hearings necessary and waives any and all objections to the present or 'future assessments agreed to herein or to the proceedings related thereto and waives the right to appeal such assessments. 4. The undersigned hereby agree that this agreement may be recorded with the Dakota County Recorder and that the owner shall execute any and all documents necessary to implement the recording of this agreement including the delivery of the Owner's Duplicate Certificate of Title to the affected lands if necessary. 5. The undersigned agrees that this agreement shall run with the • affected land and binds the heirs, successors and assigns of such land. 6. The undersigned heirs, successors and assigns of such land, includes all of the persons, firms or corporation that hold an interest in the assessed land and the reapportioned land described above, including the fee title owners, contract for deed vendees or vendors or holders of any other interest under contract for deed, option or otherwise. The undersigned have read and understand the above agreement and hereby bind themselves to it in all respects. OWNER George LeRoy Nall Miriam Mary Nall This Document Drafted By, Hauge, Smith 8 Eide, P.A. 3908 Sibley Memorial Highway Eagan, Minnesota 55122 CITY OF EAGAN By: Its Mayor Attest: Its Clerk APPROVED: Public Works Director EXEMPT FROM STATE DEED TAX 2 /�a- • • STATE OF MINNESOTA) ) ss. CITY ACKNOWLEDGEMENT COUNTY OF DAKOTA ) On this day of , 1984, before me a Notary Public within and for said County, personally appeared BEATTA BLOMQUIST and EUGENE VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public li STATE OF MINNESOTA ) ) ss. PERSONAL ACKNOWLEDGEMENT COUNTY OF DAKOTA ) On this day of , 1984, before me a Notary Public -within • and for said County, personally appeared GEORGE LeROY NALL and MIRIAM MARY NALL, husband and wife, to me known to be the persons described in and, who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public EXHIBIT "A" The Southwest One-quarter (SWI,) of the Northwest One-quarter ?NA) of Section 22, Township 27, Range 23, Dakota County, Minnesota, except those parts there- of described as follows: A. Skovdale. B. Skovdale No. 2. C. Beginning at a point on the West line of the S4I� Of the NW'y of Section 22, 'fcwnship 27, Range 23, said point being 165 feet South of the Northwest corner thereof, said Point also Seing the Southwesterly corner of Skovdale No. 2 as platted, thence continuing South along the hest line of said Quarter Quarter 367.6 feet, thence South 77°07' East 573.7 feet, thence North 325 feet to the Se;:theast corner of Lot 2, Skovdale No. 2, thence North 73°00' West along the • Southerly line of Skovdale No. 2, 584.67 feet to the point of beginning, con- taining 4.44 acres, more or less. D. All that part of the S4i'-, of the NW!, of Section 22, Township 27, Range 23, described as follows: Beginning at the Southeast corner of Lot 5, Skovdale No. 2; thence Northwesterly along the Southerly line of Lots 5, 4 and 3 of said Skovdale No. 2, a distance of 802.37 feet; thence South along a line that fog=s an included angle of 73°44' with the last described line a distance of 325ofeet, thence Southeasterly along a line which forms an included angle of 101 57 with the last described line a distance.of 143.8 feet; thence deflect to the left 11°49' a distance of 628.2 feet to the East line of said Quarter Section; thence North along said East line 132.8 feet to the point of beginn- ing, containing 4.3 acres, more or less. E. The North 180 feet of the South 620 feet of the East 624 feet of the SW4 of the 1".; of Section 22, Township 27, Range 23, containing 2.6 acres, more or less. • . _.'_ _ _ _ _ -1 n t I_. C'mlm i h a e Eagan, MN 55123 Ladies & Gentlemen: I wish to have a reconsideration of the document titled "Assessment Agreement Project 411". The wording of the document is inconsistent with the previous. board recommendation as per meetino of 10/91'84. At the meeting the only agreement that was stated between the committee and the pruner, f4iri.am Nall, was that the land :.could be e.s.sessBd At the "large lot" lower rate unless_ in the future it i.,a.s developed into A development. 1t vias agreed that this would be recorded at the Dakota County records. Apparently there was _. number of things assumed by the committee and the ov,ner that were not di=_.cussed,The agreement which the city wants the owner to sign puts a great deai more restrictions on the property and none of these items were even brought up At • the Prev inus . meeting. There are many thin,•=_the owner does not acree with and did not consent to at the meeting. Referencesto specific -objections are .as. follows.: Ccc[-y attached) It is stated that the present zoning is agriculturab. It is not --it should be single family housing. Document item #2 --This item will make it very difficult to develop the land if the possibility does present itself. Future assessments, rates, levies are totally at the descretion of the assessment review board operating at that time. We request a specific amount be inserted to shop., the exact additional amount assessed in the event a development was executed. It is stated that the "large lot" assessment is $2,571 versus the square footage assessment of $6232--a difference of $3,310 which would be paid at the time of development. • Document item 03 --We do not feel we should be singled out and "not be notified of future assessments and have a right to appeal the same. Document item #4 --We do not believe the documents referred to in this paragraph should be at our. expense. Since the document is being requested by the city it should be their recording expense. If these items are not clear or need minor adjustments, we would be happy to discuss them with you by telephone or personally . We appreciate you consideration of our previous appeal and believe these requested changes may bring about an agreement about this assessment. Thank you, p� Agenda Information Memo September 17, 1985 City Council Meeting Page Sixteen B. PATRICK EAGAN PARK 1. Anthony Caponi 2. Thomas Rooney 3. Thomas Bergin Enclosed on pages Ile and are excerpts from the October 9, 1984, Special Assessment Committee .minutes forwarding to the Council the Committee's recommendations pertaining to the objections received for the proposed trunk area storm sewer assessments under Project 411. Enclosed on pagess0 through is the infor- mation forwarded to the Committee for their review and information in formulating the recommendation for Council consideration: • While the Special Assessment Committee recommended that these property owners be deleted from the final assessment roll for Project 411, it is the Public Works Director's recommendation that they be included for the final assessment hearing process and rather than being deleted their assessment should be deferred until such time as future storm sewer improvements are installed providing for the outlet of the adjacent ponds. This will protect the integrity of our special assessment procedure in allowing the City to incorporate the costs associated with Project 411 and justifying the amount of the assessments for the future minor storm sewer improvements. The cost of these future minor storm sewer improvements would be substantially less than the assessment revenue generated which could limit our ability to assess the full amount in the future without incorporating some of the down stream costs associated with Project 411. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the special Assessment Committee's recommendation regarding parcels 10-02200-010-80 and 84 (Anthony Caponi); 10-02200-012-86 (Thomas Rooney); and 10-02200-011-85 (Thomas Bergin) and defer related trunk area storm sewer assessments until such time as trunk storm sewer outlets are provided for pond JP -8. 47 Assessment Minutes C October 9, 1984 GEORGE & MIRIAM NALL - PROJECT 1411 PATRICK EAGAN TRUNK STORM SEWER The next item brought before the Committee dealt with the objections of Mr. and Mrs. George Nall regarding the large lot credit applied to the approximately 4 acre parcel owned by them on the east side of Pilot Knob Road, south of proposed Pilot Point Addition. Mr. Colbert stated the property is not homesteaded and that the large lot policy of the City covers parcels less than 5 acres in size providing for 16,000 square feet of assessment for each assessable acre. The Nalls requested to be included within the large lot • policy and also that the ponding area to the east of the property should not be assessed. Mariam Nall was present and explained the peculiar circumstances of the parcel. The staff recommended after reviewing topography configuration and proposed future development of the property, that it is highly unlikely that the 4 acre parcel would ever be subdivided and recommended that the parcel be classified as a large lot and given the appropriate credits. Egan moved, Vogt seconded the motion to accept the staff recommendations and recom- mend to the City Council that the large lot policy be adopted and that an agreement be entered into between the City and the Nalls, providing that in the event that the property is subdivided or developed in the future, that the existing rates for the development zoned category, then be assessed against C the property. Mrs. Nall indicated that she had no objection to the proposal. All members voted in favor. ANTHONY CAPONI, THOMAS ROONEY 8 THOMAS BERGIN - PROJECT #411 PATRICK EAGAN TRUNK STORM SENS11 • Mr. Colbert introduced the subject and indicated that the three owners mentioned above who have objected to the assessments, own property south of Deerwood Drive and generally west of Patrick Eagan Park. He stated that generally the property lies within the major drainage district outletting to Patrick Eagan Park. Mr. Bergin indicated that he would not be able to be present at the meeting. The objections generally were that the property did not drain directly into Patrick Eagan Park Pond, but rather into the pond further south which was not having storm sewer improvements installed at the present time. Two lawsuits have been started, including that by Mr. Caponi and Mr. Rooney to enjoin the City from proceeding with the assessments. Project #411 has been authorized by the City Council to be installed. Larry Nielson appeared for Mr. Caponi and Mr. Rooney and objected to the following: 1. The cost of the entire project is less than the amount of the. proposed assessments. 2. The property is not benefited to the extent that it is being pro- posed to be assessed. 43 Assessment Minutes October 9, 1984 3. Hilltop Estates Addition to the west is not being assessed for the improvements. C4. The excess amount of money necessary to install the improvements should be paid from the general revenue fund. It was noted that the assessments are not necessarily commensurate with the cost of the project, but that the funds are taken from a general storm sewer trunk fund and eventually, land in the entire City will be assessed for storm sewer trunk purposes. Tony Caponi appeared and stated that there was not adequate benefit and suggested additional ponding of water in JP -8 and Patrick Eagan Park Lake, with some overland outflow, rather than storm sewer pipes. It was noted that an outlet from JP -7 will be required at some time in • the very near future. Kathleen Boyle appeared as an owner of the property along Deerwood Drive and stated that she and her husband had not been notified of the hearing for the improvements. Mr. Nielson indicated that unless the City Attorney were to hear otherwise, that answers to the two lawsuits could be continued indefinitely. After extended discussion, Blomquist moved to continue consideration of the request until a later meeting, but there was no second and the motion Ii died. Next, Egan moved, Vogt seconded the motion to recommend the proposed assessment be referred back to the Council to review the feasibility of expanding Project #411 to include Pond JP -7 and further, that the Caponi property and Rooney property be deleted from Project 11411 but should be in- cluded in a proposed future storm sewer project. All voted in favor except Rydrich who abstained. BEIDE SCHIELA - PROJECT 0383 SCHWANZ LAKE TRUNK STORM SERER The Committee next reviewed the proposed assessments against the Heide Schiela property located on Dodd Road, covering a 9.95 acre parcel. It was noted that the size of the parcel precluded its being considered a large lot under the City policy, but that the assessment clerk had deducted 20% for future right-of-way dedication and also 2.2 acres of existing pond over the eastern portion of the property. Attorney Ried Hanson appeared and noted the main objection consisted of a 200 foot NSP easement, indicating it would not be a benefit to that property. He also indicated that the water generally drains into the pond on the Schiela property and there is no increase in value because the water is still there. Further, in 1981, the City gave credit for the NSP easement for the area water and sanitary sewer assessments. After discussion, Blomquist moved, Egan seconded the motion to recommend to the City Council that an agreement be entered into to consider the entire policy as a large lot to provide for 16,500 square feet of assessment per acre, due to the unusual configuration of the property, the large NSP easement and noted that because of those circumstances, would not be considered as a precedent. All members voted in favor. �q 4 • SAC 10/9/84 A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER 2. Anthony Caponi (10-02200-010-80 & 84) 3. Thomas Rooney (10-02200-012-86) 4. Thomas Bergin (10-02200-011-85) BACKGROUND INFORMATION Project 411 provided for the installation of a trunk storm sewer outlet to Patrick Eagan Park (JP -9) along with other ponds within the old Windcrest Addition (proposed Birch Park addition) as indicated on the map enclosed on page / The ponds west of Patrick Eagan Park, south of Deerwood Drive and north `off—Hilltop Estates are located within the major drainage district serviced by this trunk storm sewer outlet of Patrick Eagan Park. However, there interconnection to Patrick Eagan Park is proposed to be performed • under a future project. Enclosed on page 'L pis an area map showing the assessment boundaries and the relationship of the appellants to Patrick Eagan Park. Enclosed on page Zq is a topographic map showing the relationship of those parcels to Patrick Eagan Park pond (JP -9) and the pond to the southwest (JP -8). Enclosed on page _30 is a map showing the drainage district,) that will ultimately be serviced by the outlet to Patrick Eagan Park pond. , Enclosed on page/ is the written objections submitted by Mr. Bergin. Enclosed on pages J& throughis a copy of the formal complaint filed with District Court by Mr. Rooney. Enclosed on pages(�through o3 is a ' copy of the formal complaint filed with District Court by Mr. Caponi. Their major objection is based on the fact that their property does not directly drain into Patrick Eagan Park pond (JP -9) but rather into the pond to the southwest (JP -8) which is not having any storm sewer improvements installed at this time. • STAFF RECOMMENDATION While the objectioners are correct that their property does not drain directly into Patrick Eagan Park pond, they are located within the general drainage district area serviced by the outlet for Patrick Eagan pond. Due to the fact that the future cost of interconnecting these two ponds would be quite small in relationship to the assessment revenue generated from these large parcels of property within the drainage divide, the City could be place in a position of assessing an amount greater than the actual cost of the project. This is due to the fact that we traditionally do not go back and include the cost of previous projects downstream in determining the assessment revenue. Once this interconnection is provided, these properties will be benefited by the storm sewer outlet to Patrick Eagan Park due to the fact that their water will drain through the storm sewer system. Consequently, the staff has two recommendations for consideration: 1. Delete the parcels south of the designated drainage divide from assessments under Project 411 subject to an agreement whereby they will not object to the trunk area storm sewer assessments at a later date when pond JP -8 is connected to Patrick Eagan Pond. A. PROJECT 411, PATRICK EAGAN TRUNK STORM SEWER (continued) 2. Expand the scope of Project 411 from JP -8 to JP -9 to protect the with the costs for installing Patrick Eagan Pond. COMMITTEE RECOMMENDATION/COMMENTS to install the storm sewer connection integrity of the assessments associated the trunk storm sewer outlet from • u • t.,; I EX. LIFT STA. 14 1 JP -II CITY�- HALL it ll_LI �$K ON,(E AD',- ,° L'�JP-49 .— Y" L1 y '• JP- �1 HILI TOP ITO 0;IEAF PLAZA Gf.r: i 0 JP -38 �7 JP -7 FuruR€ JP -8 — tN 0 R T R l - 0-- . ---1000 2000 SCALE IN FEET PATRICK EAGAN PARK / BIRCH PARK ADDITION STORM SEWER LAYOUT POND JP -6, 7, 8, 9, 10, 11, 38, 47, & 49 '1-7 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1984 PROJECT Comm. 49311 11 NO.411 Wo F ® SINGLE FAMILY RATE PATRICK EAGAN PARK / BIRCH PARK ADDITION TRUNK AREA STORM SEWER EAGAN, MINNESOTA T- i N 0 1000 2000 SCALE IN FEET BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: JUNE, 1984PROJECT Comm. 49311 IFNO.411 0 5� ID 18 / E_ .•►�lct/:� -- C. 12"T' I�C-13 h \ \D`30I D-29 I �I l ,moi -�_ J r_ 5 -•:o� / ".� / I D-19 ���_� 'D-23\Y�,o `J MOTT —-- J-8 - D-25 E-16 I I- •RDE`: :' C-9 h`� C -II 2 __�� ; D-26 r -'E-18--' — 1/-7~ ----\ D X27 1� J-13 - --- - 64. J-26 J - 24 U-17 41 J-14- J7 J-22 �\ 1hy�1� J-4.�„y., - - - --- II /J-16 .�_}fes=^1�� i J-23 A=20�j_ ` f 11J-1562 J-21 / U 1 �• J-54 �. B-34 1 +� F:s:}:ci:i•. �`'ti:%;'? �::: •`+'::5•:::.'2 .`• 5ii: �i r J-67 rya':tl 1�9.35� -;. �[ X. , _ - _ I 3;' :;t: ?:..••• J J 49 / B-5 •j J-55 7� B-37 L8-36 /A 35 /1 -- /� or ` _ L-7 7. ,' / J-_50 I ' ' e.;.� 1 >^ B-7 I �4T- � \J BB -25 I !p I/@ 6-['�� �.'' 1 1`;\\II �ti / ��J y -• B-23 \.10" L-13 � L-24 B_II r /15.x. F f W- B -14 B Bs-.= '".�� �.1. .V_ L -II L -I �.--(2— -L. ='_•. ? -"--- rjI - Lz 14' B -2k - CdES. 4a F' 5 e I 3 � i[ ,/ L -191- i \IL T000, .'�16 !; 1 i B-19 ` DAKOTA - L-58 a �-I-L_ .61 �L-62 %-�',1� 1 L_43 _ I L - L-41 / -64 4111 y1l J,,l7 11) 19sy tate 5/ .4/-V _.. -52-a - --- P _ i- -l0 , 9 33G STATE OF MINNESOTA COUNTY OF DAKOTA Thomas J. Rooney, —vs— City of Eagan, Plaintiff, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT FILE NO. COMPLAINT • Plaintiff, for his claim against the defendant, states and alleges as follows: I. That the plaintiff is the owner of a parcel of land located in the West One Quarter of the Southeast Quarter of Section 22, consisting of I I approximately 11 acres, and identified as parcel /012-86 on page 8 of, Exhibit 1 which is attached hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identified in the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. I12. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future assessment hearing. IV. That the plaintiff protested the assessment at the hearing on July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily assesses the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. VII. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue from the assessments of $343,289, • thereby assessing said project at $102,329 more than its cost. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 as I! JP -7, which pond handles storm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quarter of Section 22. That Hilltop Estates and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Project No. 411. 18 WHEREFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411. 2. Adjudging that no assessment be permitted for'Project 411 beyond the actual cost of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other area specially benefited by the proposed improvements contained in Project No. 411 be included in the area to be assessed for Project No. 411. 1'9 //h 4. For such other, further and different relief as to the Court may seem just. d NEILSON, LTD. Attorneys ProSe 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 (612) 224-3361 M • 0 STATE OF MINNESOTA COUNTY OF DAKOTA Anthony Caponi, vs. City of Eagan, Plaintiff, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT FILE NO. COMPLAINT • Plaintiff, for his claim against the defendant, states and alleges as follows: I. That the plaintiff is the owner of a parcel of land located in the �I Southeast Quarter of the Southwest Quarter of Southeast Quarter of Section 22 and in the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 22 consisting of approximately 20 acres, and identified as parcels #010-80 and 11010-84 on page 8 of Exhibit l which is attached • hereto and made a part hereof. II. That on July 17, 1984 the City Council of the City of Eagan approved the project identified in the attached Exhibit 1 under Council File No. 49311, said project being identified as the Patrick Eagan Park/Birch Park Addition Trunk Storm Sewer Outlet Project No. 411, Eagan, Minnesota. III. That the motion adopting the report did not specify whether or not it included the adoption of the assessment roll contained in the report; although the Mayor alluded to a future assessment hearing. 1/ L IV. That the plaintiff protested the assessment at the hearing on July 17, 1984. V. That said assessment unfairly, illegally and arbitrarily assesses the property of the plaintiff. VI. That the property of the plaintiff will receive no benefit from the improvements described in Exhibit 1. That the City of Eagan anticipates a project cost of $240,960 for Project 411 and anticipates revenue from the assessments of $343,289, thereby assessing -said project. at $102,329 more than its cost. VIII. That among the objectives of the Project No. 411 is the draining of a pond in the Southwest Quarter of Section 22 described in Exhibit 1 as JP -7, which pond handles storm water runoff from portions of Hilltop Estates, a platted residental area located in the Southwest Quarter of • Section 22. That Hilltop Estates and none of the other land in the Southwest Quarter of Section 22 is proposed to be assessed in conjunction with Project No. 411. WHEREFORE, plaintiff demands judgment as follows: 1. Adjudging that no assessment be imposed upon the plaintiff's property by virtue of Project No. 411. 2. Adjudging that no assessment be permitted for Project 411 beyond the actual cost of the improvement. 3. Adjudging that the Southwest Quarter of Section 22 and any other 2 63 W area specially benefited by the proposed improvements contained in Project No. 411 be included in the area to be assessed for Project No. 411. 4. For such other, further and different relief as to the Court may seem just. ROONEY_& NEILSON, LTD. BY l4.n 1 1(77, 7A,�21- THOMAS J. ROONEY Attorneys for Plaintiff 1170 Northern Federal Bldg. St. Paul, Minnesota 55102 • (612) 224-3361 • 3G� ti Agenda Information September 17, 1985 Page Seventeen Memo City Council Meeting MINUTES OF AUGUST 1, 1985, MEETING (PROJECT 417 - DEERWOOD DRIVE, AND OTHER MISCELLANEOUS B. Minutes of August 1, 1985, Meeting (Project 417 - Deerwood Drive, and Other Miscellaneous --On August 1, 1985, the Special Assessment Committee met to discuss objections pertaining to proposed assessments for three separate subject items. Enclosed on pages_y� through&q is a copy of the minutes of the Special Assessment Committee meeting discussing the issues of the three separate items. Mrs. Fritz, representing the four property owners on the southside • of Deerwood Drive affected by the installation of street and utility improvements under Project 417, requested that this item be discussed by the Council sometime in September to allow several property owners to prepare additional appraisals as necessary based on the Special Assessment Committee's recommendation. Forwarded to the Council without page number are copies of the appraisal performed by the City's appraiser and the property owners' appraiser which were reviewed by the 'Special Assessment Committee in reaching their recommendation. Enclosed on pages II through is the background information that was forwarded to the Special Assessment Committee for their review and reference in reaching their recommendation. The Committee's recommendation pertaining to the other two items are 'acceptable to both the staff and the affected property owners and are being forwarded for favorable consideration by Council action. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the recommendation of the Special Assessment Committee from the August 1, 1985, meeting and to approve or modify these recommendations pertaining to each property in question. G5 r MINUTES OF A SPECIAL ASSESSMENT COMMITTEE MEETING EAGAN, MINNESOTA AUGUST 1, 1985 A regular meeting of the Special Assessment Committee was held at the Eagan Municipal Center at 4:30 p.m. on August 1, 1985. Those present were Chairman Don'Rnight, Members Dale Vogt, Mayor Bea Blomquist, Councilman Tom Ekan, Planning Commission member Garrett Mulrooney, and Bill Rydrich. Also present were Public Works Director Tom Colbert and City Attorney Paul Hauge. AGENDA Upon motion by Mulrooney, seconded Egan, it was resolved that the Agenda • as presented be approved. Arl voted yes. PROJECT #417 - DEERWOOD DRIVE - BIRCH PARR ADDITION Public Works Director Tom Colbert presented to the members in attendance a brief background of Project #417 and in particular the objections that had been raised by the property owners on the south side of Deerwood Drive regarding proposed, assessments for utility and street improvements. Several neighborhood meetings have been held and also the residents have been present at a number of council meetings regarding the project. Correspondence from the attorney for Mrs. Bernard Fritz, copies of preliminary assessment roll and the appraisal of Mark Parranto were reviewed by the Committee members. Dan Warner, attorney for Mr. 6 Mrs. Fritz, was present and made a presentation on their behalf. He questioned whether the improved value, under Mark Parranto's appraisal, included current improvements such as well, septic • system, driveway, landscaping, etc. It was noted that the contract was scheduled to be awarded on August 6, 1985. Mike Wiley, appraiser from Bloomington, .appeared on behalf of the Fritz family and reviewed the appraisal that he submitted to the City dated August 1, 1985. He stated he considered about 20 parcels but he used 3 comparables in arriving at his valuation. He noted that a new well and septic system would cost about $10,000.00. His conclusion was that the land is worth $60,000.00 with the improvements, as opposed to land with septic tank and well at about $46,000.00 or an increase in value due to the street and utility improvements of $14,000.00. In.addition, it was his opinion that the frontage along the west side of the Fritz property does not improve the value because of the steepness and also the shallowness of that portion of the parcel. M Assessment Committee Minutes August 1, 1985 Mr. and Mrs. Hosford and Mr. and Mrs. Michael Kohler also were present and strongly objected to the proposed assessments. They claimed that they had no intent to connect to the system, and in the case of the Hosfords, that their house is 500 feet back from the south of the street and therefore, the project will connect to the street utilities. There was a question as to how Mr. Parranto arrived at the land value and there were questions concerning the storm sewer assessments and the reason for the proposed assessments. Members present discussed in detail the potential for subdividing the four parcels on the south side and generally, the consensus was that they could not be subdivided, except for the Altobelli property. Councilman Egan stated that the parcel may not be developable in the future, but it would be difficult to control any deferrals administratively, • and reviewed the options including the $14,000.00 increase in value, the $23,500.00 increase in value according to Mr. Parranto's appraisal for the three easterly parcels to defer the assessments, or determine a compromise. Egan moved to recommend to the City Council that the benefits for the Fritz, Hosford and Kohler parcels be determined at $14,000.00, and that the Altobelli parcel be determined to be two parcels due to its size, the potential for an additional residential unit to be constructed on the parcel, and the configuration of the property. It was noted the Altobelli property had been assessed $9,500.00 for earlier assessments and therefore the proposed assessment would be double the assessment for each of the other three parcels, or $28,000.00; further, that the Council could defer any assessment that, in its discretion, it determines for the parcel proposed to be assessed. The Hosfords objected to the $14,000.00 proposed assessment and requested that they be allowed to acquire an appraiser prior to the Council review. • Mulrooney seconded .the motion and all voted in favor. Consideration of this issue covered about 2 hours. CEDAR INDUSTRIAL PARK — LOT 2, BLOCK 2 EASY MINI STORAGE Chairman Don Knight then brought before the Committee, the consideration of the assessable footage for lateral benefit and trunk utilities provided for Lot 2, Block 2, Cedar Industrial Park. Tom Colbert noted that the parcel is intended to be developed by Richard Curry for rental storage units and that in 1978 sanitary sewer and water main utilities were installed in the industrial park. At that time, at the request of the property owner, Aspen Associates (J.E. Parranto), the lateral benefit assessments for sanitary sewer and water were deferred until the time of connection. It was noted on the assessment card that there would be 350 feet of assessment, but Mr. Colbert stated that he could not determine how that figure was arrived at. 47 2 Assessment Committee Minutes August 1, 1985 The staff recommended that sanitary sewer be assessed at 763 adjacent feet, less 150 foot corner lot credit or 613 feet; further, that the water main be assessed at the benefited and assessable front footage of 693.89 feet. The rates in 1969 were $5.50 and $4.25 per foot for sanitary and water -lateral assessments, respectively, whereas, today the rates are $14.35 and $19.57 for sewer and water, respectively. Richard Curry and Joseph Lombardo were present and Mr. Curry made a presentation to the Committee. Councilman Egan stated that the 350 foot reference was only on the assessment card but there was no agreement for the assessments relating to the 350 feet. Mr. Curry recommended an accrual of the assessments and reduction in the total assessments proposed at about $24,727.00. There was a question as to whether special consideration should be given because of the possible. • confusion relating to 350 feet on the record. Blomquist moved, Mulrooney seconded the motion to recommend, noting some confusion, that the •assessments be determined on the full footage with the understanding that no precedent will be set, with assessment at the 1968 rates calculated below, utilizing an 8% simple interest accrual factor: $ 5.40 x 613 ft. _ $3,310.00 $ 4.25 x 693 ft. _ $2,949.00 TOTAL a $6,259.00 8% x 17 years or $8,500.00 - $14,771.00 All members voted in favor. LONE OAR ADDITION - TRUNK AREA WATERMAIN CREDIT • A request from Laukka-Beck Properties for a watermain assessment credit, due to the oversizing of the trunk watermain in the Laukka-Beck Planned Development, was next brought before the committee. Tom Colbert reviewed a letter dated June 20, 1985 from Warren Beck regarding the request for increase from 12 inch to 16 inch watermain. Larry Laukka, developer, and Dale Beckman of BRW were present. Mr. Laukka stated that on May 30, 1985, the Bonestroo, Rosene consulting engineering office requested that the watermain be increased in size from 12 to 16 inches and he stated tharthe developer is installing the watermain under a private contract. He further indicated that it was too late to request a City project at that point and the City policy is that it will not provide credit to existing or future assessments for the private installation of trunk utilities due to the fact that an accurate determination in value is hard to achieve without setting a precedent. He argued that it would be equitable for the City to grant a credit for the additional 4 inch sizing. 3 Assessment Committee Minutes August 1, 1985 Be noted that the cost to Laukka-Beck is $24,200.00 and asked that it be credited toward future water assessment, and further that the developer aid receive 11 bids for the project. Tom Colbert mentioned that he was not aware that the request had been made at a late date and agreed that a credit should be granted but that it should not be a precedent but a variance from the normal procedure. Egan moved, Mulrooney seconded the motion to recommend that the developer be granted a credit according to the recommendation of the staff and that the credit be applied at the soonest possible time toward water assessments, based upon actual computations approved upon by the City staff. All members voted in favor. ADJOURNMEKT Upon motion duly made and seconded, the meeting adjourned at 7:30 p.m. • 47 M PHH • SAC 8/1/85 417, DEERWOOD DRIVE STREET & UTILITIES - BACKGROUND INFORMATION On September 18, 1984, a Public Hearing was held to discuss and installation of streets and utilities to service the Birch Park Addition. Part of this project also provided for the installation of streets and utilities for the easterly extension of Deerwood Drive along the south boundary of the Birch Park Addition. As a result of that Pulbic Hearing, the four.•property owners located on the south side of Deerwood Drive have expressed concerns and objections relating to their proposed assessments and the overall project as it affects their property. Several neighborhood meetings were held with these property owners to discuss both the proposed assessments resulting from the project and the impact on their • property associated with the construction of these public improve- ments. The four property owners affected are identified as follows: Appraisers Parcel P.I.N. Owner Parcel #1 10-02200-010-51 Rocco & Diane Altobelli 10-02200-040-51 10-02200-050-51 10-02200-060-51 III Parcel #2 10-02200-014-54 Bernard & Teresa Fritz Parcel #3 10-02200-015-54 John & Karen Hosford Parcel #4 10-02200-016-54 Michael & Sandra Kohler • Enclosed on page �_ is a map showing the location of these properties to Deerwood Drive. Enclosed on page _ Z is a topo- graphic map showing the relationship of these parcels the _%.fexisting topography. Enclosed on pages f through are maps referencing the proposed sanitary sewer, watermain, storm sewer and street improvements under Project #417. Enclosed on page _ 9 is preliminary assessment roll for Project #417, showing the present pending assessments for each of the proposed improvements for each particular parcel. Enclosed on pages through are pertinent excerpts from the City's Appraisal Report dated July 23, 1985 indicating the appraised increased value to each parcel that would result from these proposed improvements. :_Enclosed on page .pf is a letter received from Mrs. Fritz and on pages -a� ,L through ape is a copy from the Fritz's attorney presenting their position pertaining to the proposed assessments. At the June 16, 1985 Council meeting, the City Council requested that the Special Assessment Committee review the proposed assess- ments under Project #417 for the property owners on the south side of Deerwood Drive on August 1, 1985. 70 PROJECT #417 SAC 8/1/85 PAGE 2 STAFF RECOMMENDATIONS Minnesota Statute chapter 429, limits the amount of special assess- ments that can be levied against an individual parcel to the increased value realized by the parcel resulting from the proposed public improvements or the amount of .the proposed assessments, whichever is less. Based on the fact that the City hired an appraiser to evaluate the increase in .value associated with these public improvements, it is recommended that the following total assessment be approved as the pending assessment under Project #417 until final costs have been tabulated at the completion of the project: Original Revised Property Proposed Pending Owner Parcel Assessment Assessment Adjustment Altobelli 010-51 '$39,677.00 $14,000.00 - (25,677.00) 040-51 050-51 060-51 Fritz 014-54 $36,560.00 $23,500.00 - (13,060.00) Hosford I I 015-54 $22,838.00 $22,838.00 none Kohler 016-54 $22,838.00 $22,838.00 none COMMENTS & COMMITTEE RECOMMENDATIONS • • BERNARD K LARSON S.W 1/4 SEC, 22, T. 279 Re23 CO..71. MARC.. 1970 234 A MOOR DRIA PARCEL 1 PARCEL 2 PARCELI 3 PARCEL 4 A" 'B AAAA AAAA 10 POND 4. '0 0 00 % POND 'j --235, A '32 2 -1. 7 POND I RLOG ' ` ;J3X ) ! i,%�.; 1�•,' ,.:. (',// `I ;1� /'_ \`�\ 5.1. ' / `//I�///� i\'`1I\11 Cil 0/ I. ��:'. � � \\ \\ �I��_. t�'�— =-moi. e'- _ ��11• /:.:/ c . ' s �•\or \`/�)'i /: �hl 'l / / t �'// ° /� �.,tII / I�� �J'� �. I'I rlr it /17 16 .•may 11 � ' �/ / / ' % / � // / / / / / / / 1 d) I y I\1 \ 1 or. __ ,r 1 C\ \ I; 1 , .• ice'. �t••\ I I r A / + / /�' r � S [Of!/ l % /� /�' � ' i�'-�l � ~� _ _ � _ \I<r ' : `� %•I �� •� 111. � I BIRCH PARK ADDITION UTILITY & STREET IMPROVEMENTS EAGAN, MINNESOTA SANT R SONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: AUG., 1984 PR OJ. NO. .^.omm.4?318 417 UJ a Y MAE ¢ ur DEERCLIFF 2 1 -2— - W _ N —I i I ?; i12 111.10'9.8• :61514;3 21 � I 31 I .1 �1 WINDCRES� AWE.OUT- `; ? I , I A 1 2' 3 4'I5I617t81%9110 _ 11 3 Q 12 13 5'/4'� 1 wiryp�gf,Sr 1 i5 411 -..116 � 3 2 17 1 4- � 6 1 12 POND i JP -6 - ` r 3 mj 1 POND JP -49 i q 4 1 OUTLO7 H 5 6 �6 .7 7 _9 8 9 10 10 1 II 17 i 16 r 15 14 12 II 13 12 j 1 13 14 15.1 16 DEERWOOD DRIVE < • 010-51 040-51 014-54 015-54 016-54 N O 0 400 800 SCALE IN FEET BIRCH PARK ADDITION UTILITY & STREET IMPROVEMENTS EAGAN, MINNESOTA SANT R SONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: AUG., 1984 PR OJ. NO. .^.omm.4?318 417 w a Y pNE c ter"DEf RCL IFF l 2 ;z - - r _ w U)LLJI -1• \ O _I 2 i I WINnr. H. ST j L 1 �h II'I0�'I'84, 5.2' 1 �. 61� I ' WINDCREST AWE I �— 0U� - 2 A I II 713 4'5,'617''_8!9.10 \" __3_ Q 1 \12� 5 -� i3 •4 Y 14 .. 16 \r-� 17 4 2 I POND 2 1 JP -6 3 _ - POND 3 JP -49 I 4 4 OOLUT (♦ 5 5- 6 6 9_ 8 10� 17 16 IS 142 NN 13 1 12 6'J DEE= ......-, iq F I - �13 I' 4 1 15 16 V_ x'\010-511 040-51 014-54 , 015-54 1016-54 G - Np R7\ O 400 800 SCALE IN FEET BONESTROO, ROSENE, ANDERLIK BIRCHPARK ADDITION A ASSOCIATES, INC. UTILITY & STREET IMPROVEMENTS I Consulting Engineers ` St. Paul, Minn. EAGAN, MINNESO-AD:a3: AIw ., 1984 PROJ. NO. I = 7 4319 417 4 75 w E a I DEERCLIFF PN � wI \ T t1� o v : Wmir,rr { sr 1 a0D- -3i ili 11 '10'7:g 7615 413 2 1 WINDCREST AVE. OuT ^ 2 ; I 1I2�314; 51i 611 7'g1;9j110 a I -1k�1 I i 13 ? 5 4 , 14 I CgFST 4jq 1 15 - ' 16 3 n 4z 1� 6 •1 f� ig POND JP 6 2 3-- 1 - POND I a 3 JP -49 4/. 1 OUTLOT g 5 5 F' 67 /6 i i Ir 9 9 g 10 17 16 1 15 1 1413 12 11 ro 12 DEERWOOD DRIVE ' p_ 13 14 15 16 • 21 - 010-51 040 -LI 014-54 015-54 016-54 NORT" .. H 0 400 800 ?'/:V SCALE IN FEET BIRCH -PARK ADDITION BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. UTILITY & STREET IMPROVEMENTS Consulting Engineers S EAGAN, MINNESOTA t. Paul, Alinn. ,I Date: AUG., 1984 STORM SEWER,_ -,31g 76 w a Y ~ DEERCLIFF I U � N V I ji- I I , K'/NPCRF•S� I ADD1 J I '?ii 07 :II.10'9'8. :615 413 2 1_ WINDCRES AVE.I OUT. 2 1 2 3-4: 5; 617; 8. 9110 II 3 n. i 17 �5a.1211 dPOND 3_ 2PON4D94 3JP�55- 6 6 II .By "8 �9 10 I 10 i II 11 17 16 I 15 j 14 12 13 12 DEER\YOOD DRIVE i 13 4 ISI 16 \010-51 040-51 014-54 015-54 016-54 N O R 0 400 800 SCALE IN FEET BIRCH PARK ADDITION BONESTROO, ROSENE, ANDERLIK 8 ASSOCIATES, INC. UTILITY & STR==_T IMPROVEMENTS Consulting Engineers St. Paul, Minn. EAGAN, IMIN` ESOTA Date:AUG., 1984 PROJ. NO. -= - Comm, 49318 417 �?7 Parcel Description BIRCH PARR ADDITION 'Block 1, Lot I-12(1) 'Block 2, Lot 1-17(1) Bleck 7, Lot 1-5(l) Block 4, Lot 1-6(l) Block 5, Lot 1-16(1) Block 5, Lot 147160 7 Block 6, Lot 1-13(1) Block 6, Lot 14-17(2) v SW 1/4, SECTION 22 A `ru rata" Parcel 010-51 Avo73aacl Parcel 040-51 F2 ,r x Parcel 014-54 7/0 5I'FV&0 Parcel 015-54 k0M1A/L Parcel 016-54 A- 4a'aar Parcel 050-51 Aaro,3ra, Parcel 060-51 (I) Assumes 80.81 F.F./Lot (2) Assumes 200 F.F./Lot (3) Includes lateral benefit From trunk for the unplatted parcels in SW 1/4 Section 22. (4) Assessment - $198,992/6,376 F.F. - $31.21/F.F.; $31.21/F.F. x 80.81 F.F. - $2,522. (5) Assessment - $198,992/6,376 F.P. - $31.21/F.F.; $31.21/F.F. x 200 - $6,242. 2607c Page 9, Street $ 2,522(4) 2,522 2,522 2,522 2,522 2,522 2,522 6,242(5) $ 7,131 9,242 13,246 7,387 7,387 Total Assessment $ 7,980 7,980 7,980 7,980 7,980 7,980 7,980 17,244 $ 8,480 26,269 36,560 22,838' 22,838 4,480 448 ADDENDUM SUMMARY i PRELIMINARY ASSESSMENT ROLL BIRCH PARR ADDITION PROJECT NO. 417 COST/LOT, PARCEL Sanitary Storm Sever Sever Water Hain City Contr. Lateral Lateral(3) Trunk Services Lateral 84-16 C.O. $ 1,377 I $ 1,371 $ 467 $1,064 $1,119 $100 11377 1,331 467 1,064 1,119 100 1,377 1,731 467 1,064 1,119 100 1,377 1,371 467 1,064 1,119 100 1,377 1,731 467 1,064 1,119 100 1,377 1, 731 467 1,064 1,119 100 1,377 1;331 461 1,064 1,119 100 3,408 7,294 467 1,064 2,769 -- S 1,750 $ 1;113 -- $1,064 $1,422 -- 5,166 7;286 $3,315 1,064 4,196 -- 7,404 4,710 4,122 1,064 6,014 -- 4,129 2,626 4,278 1,064 3,354 -- 4,129 2,626 4,278 1,064 3,354 -- -- -- 4,480 -- -- __ 448 (I) Assumes 80.81 F.F./Lot (2) Assumes 200 F.F./Lot (3) Includes lateral benefit From trunk for the unplatted parcels in SW 1/4 Section 22. (4) Assessment - $198,992/6,376 F.F. - $31.21/F.F.; $31.21/F.F. x 80.81 F.F. - $2,522. (5) Assessment - $198,992/6,376 F.P. - $31.21/F.F.; $31.21/F.F. x 200 - $6,242. 2607c Page 9, Street $ 2,522(4) 2,522 2,522 2,522 2,522 2,522 2,522 6,242(5) $ 7,131 9,242 13,246 7,387 7,387 Total Assessment $ 7,980 7,980 7,980 7,980 7,980 7,980 7,980 17,244 $ 8,480 26,269 36,560 22,838' 22,838 4,480 448 Agenda Information Memo September 17, 1985 City Council Meeting Page Eighteen VACATION OF DRAINAGE & UTILITY EASEMENTS (MEADOWLAND ADDITION A. Vacation of Drainage and Utility Easements (Meadowland Addi- tion) --On August 20, the Council received a petition requesting the vacation of common lot line drainage and utility easements contiguous with Lots 101, 102, 103, and 104 of Block 1, Meadowland lst Addition. Enclosed on page ft) is a map that references the easements requested to be vacated. The vacation of these easements is necessary for the Eagle's Nest Village development which has received prior preliminary approval by Council action. • All notices have been sent to all potentially affected utility companies and published in the legal newspaper. As of this date, the staff has not received any objections to the proposed vacation as requested and is recommending favorable action by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the common lot line drainage and utility easements affecting Lots 101, 102, 103 and 104, Block I 1, Meadowland 1st Addition, as described. 79 10 14t. Me 103 o I p 1 � I 'aL------------ S H A L E I° I I 1 101 I; I Ip GRo'S NhT Lt'teD AREA 1 To BE VALATEC 1 I DESCRI PrION w The west 156,00 feet of the east 166.99 feet of the mouth 5.00,feet of Lot 101, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Mlru,e60te. The ..at 156.99 feet of the test 166.99 feet of the north $.00 feet of Lot 102, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Minnesota. The east 137.00 feet of the went 143.00 feet of the CI 0 Af 0 1L S H A L E I° I I 1 101 I; I Ip GRo'S NhT Lt'teD AREA 1 To BE VALATEC 1 I DESCRI PrION w The west 156,00 feet of the east 166.99 feet of the mouth 5.00,feet of Lot 101, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Mlru,e60te. The ..at 156.99 feet of the test 166.99 feet of the north $.00 feet of Lot 102, Block 1, MEADOWLAND FIRST ADDITION, Dakota County, Minnesota. The east 137.00 feet of the went 143.00 feet of the CI 0 1L mouth 5.00 feat of Lot 104, Block 1, MEADOWLAND p 10Z I 0 w FIRST ADDITION, Delete County, Minnesota. p p I G I > The east 137.00 feet of the want 147.00 feet of the north $.feet of Lot 10), Block 1, MEADOWLAND Q I11/ nn00 ADOITION, Dakota County, Mi mounts. 1 to I The south 84.90 feet of the west $.00 feet of Lot The Bleak 1, MEADOWLAND FIRST ADDITION, Dakota County, 101, Minnesota 4�-------------alaTh. mouth 84.90 feat of the S.Od feet of 104. CLotounty, DDIT Hlock 1, tffA00WIA NO FIRST ADDITION, Dakota County, Block Mltv,e Cot Th.111.99 south 95.00 feet of the Deet 5.00 feet of Lot 102, Block 1, MEAOOMIAHO FIRST ADDITION, Dakota County, Nlmm eats The mouth 95.00 feet of the east 5.00 feet of Lot 105, Black 1, MEADOWLAND FIRST ADDITION, Dakota County, Minnesota LANE I hereby certify that this survey was prepared by me or under my direct supervision end that 1 em ■ duly Registered • Land Suu,"yor under the lewd of hs State of Minnesota. Date 11 a. r Z/ Z' _ e oyRiemannian Registered Land Surveyor No. 10795 IE4/EAAEMT '04&TIOFI i.r: E"LE3 NEST VILLpLE I J I• JJ¢V[Y 1214 7, EA161/J Et:[IAIlel ItIC, Agenda Information September 17, 1985 Page Nineteen Memo City Council Meeting PROJECT 348, FINAL ASSESSMENT HEARING B. Project 348, Final Assessment Hearing, Four Oaks Road and Coachman Road (Streets &'Sidewalks) -- On August 20 the final assessment roll for Project 348 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on April 3, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 348 (Four Oaks Road and Coachman Road - Streets & Sidewalks) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 10 years at 11.0e interest. • Ft FINAL ASSESSMENT HEARING PROJECT NO: 348 SUBDIVISION/AREA: COACHMAN/FOUR OAKS ROAD FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES E) Area Laterals Service F1 Lat. Benefit/Trunk STORM Area EjLaterals FINAL SANITARY RATES Area n Laterals Service Lat. Benefit/Trunk F. R. RATES TREETS Gravel Base Surfacing (1) 37.60/6.48 31.60/7.00 Res. Equiv. (1) 37.60 - ASSESSED FOR OVERLAY IN ADD]TE] ION ALL REMAINING PROJECT COSTS 6.48 - ASSESSED FOR OVERLAY ONLY NUMBER OF PARCELS AFFECTED: 157 NUMBER OF YEARS ASSESSED: RATE OF INTEREST: TOTAL AMOUNT ASSESSED: $317,817.78 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-10 PUBLIC HEARING DATE: APRIL 3, 1984 TEN YEARS 11% �v Agenda Information September 17, 1985 Page Twenty Memo City Council Meeting PROJECT 371B, FINAL ASSESSMENT HEARING C_ Project 371B, Final Assessment Hearing, Coachman Road (South of Yankee Doodle Road) --On August 20 the final assessment roll for Project 371B was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on April 5, 1983. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 371B (Coachman Road - South of Yankee Doodle Road) and authorize the certification to the County for collection of unpaid assessments to be spread over 10 years at 11.08 interest. • FINAL ASSESSMENT HEARING PROJECT NO: 371 B SUBDIVISION/AREA: COACHMAN ROAD (FROM YANKEE DOODLE TO APPROX. 1000' SO.) FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. FINAL WATER RATES RATES SANITARY RATES Q Area Laterals Service 0 Lat. Benefit/Trunk STORM ElArea F1 Laterals n �J Area F-1 Laterals Service R Lat. Benefit/Trunk STREETS Gravel Base OSurfacing nRes. Equiv. NUMBER OF PARCELS AFFECTED: 2 NUMBER OF YEARS ASSESSED: 10 YEARS RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $11,364 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: APRIL 5. 1983 n 84-17 F.R. RATES $18.94 $19.14 Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty-one PROJECT 398 FINAL ASSESSMENT HEARING D. Project 398, Final Assessment Hearing, Sun Cliff 2nd Addition (Streets & Utilities) --On August 20, the final assessment roll for Project 398 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page 56 is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 5, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 398 (Sun Cliff 2nd Addition - Streets & Utilities) and authorize the certification to the County for collection of unpaid assessments to be spread over 5 years at 11.0% interest. RM FINAL ASSESSMENT HEARING PROJECT NO: 398 SUBDIVISION/AREA: SUN CLIFF 2ND ADDITION FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 TORM El Area ® Laterals S610.14 $510.00 %(1) Service includes both sanitary NUMBER OF PARCELS AFFECTED: 81 NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 11% ._ SANITARY 0 Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. and watermain FINAL F. R. RATES RATES $892.62 51,060.( $2,175.53 $2,190.0[ TOTAL AMOUNT ASSESSED: $488,695.42 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-15 PUBLIC HEARING DATE: June 5, 1984 ` '^S IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals $942.60 $1020.96 (l1 Q Service $808.77 $ 850.00 ® Lat. Benefit/Trunk $ 57.88 $ 59.37 TORM El Area ® Laterals S610.14 $510.00 %(1) Service includes both sanitary NUMBER OF PARCELS AFFECTED: 81 NUMBER OF YEARS ASSESSED: 5 years RATE OF INTEREST: 11% ._ SANITARY 0 Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. and watermain FINAL F. R. RATES RATES $892.62 51,060.( $2,175.53 $2,190.0[ TOTAL AMOUNT ASSESSED: $488,695.42 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-15 PUBLIC HEARING DATE: June 5, 1984 ` '^S Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty -Two PROJECT 399 FINAL ASSESSMENT HEARING E. Project 399, Final Assessment Hearing, Silver Bell Road (Streets & Utilities) --On August 20, the final assessment roll for Project 399 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page_ is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 19, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 399 (Silver Bell Road- Streets & Sidewalk) and authorize the certifica- tion to the County for collection of unpaid assessments to be spread over 10•years at 11.0% interest. • V FINAL ASSESSMENT HEARING PROJECT NO: 399 SUBDIVISION/AREA: SILVERBELL ROAD FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Ll Area Laterals Service Lat. Benefit/Trunk STORM ElArea Laterals NUMBER OF PARCELS AFFECTED: 462 FINAL SANITARY RATES ❑ Area F-1 Laterals Service Lat. Benefit/Trunk ;TREETS Gravel Base Surfacing Res. Equiv. NUMBER OF YEARS ASSESSED: 10 YEARS RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $95,354.38 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: JUNE 19, 1984 0 84-10 F. R. RATES 16.21 19.25 Agenda Information September 17, 1985 Page Twenty-three Memo City Council Meeting PROJECT 400 FINAL ASSESSMENT HEARING F. Project 400, Final Assessment Hearing, Oak Cliff Pond (Trunk Storm Sewer Outlet) --On August 20, the final assessment roll for Project 400 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page�(L is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 5, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 400 (Oak Cliff Pond Trunk Storm Sewer Outlet) and authorize the certifica- tion to the County for collection of unpaid assessments to be spread over 15 years at 11.08 interest. IN FINAL ASSESSMENT HEARING PROJECT NO: 400 SUBDIVISION/AREA:OAK CLIFF POND (AP -10) FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES EjArea Laterals Service Lat. Benefit/Trunk TORM ® Area Laterals $0.012 (1) $0.012 50.023 (2) $0.023 NUMBER OF PARCELS AFFECTED: 'NUMBER OF YEARS ASSESSED: RATE.OF INTEREST: FINAL SANITARY RATES ❑ Area EjLaterals ❑ Service Lat. Benefit/Trunk STREETS Gravel Base Surfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $28,995.36 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: Contract 84-11 'PUBLIC:HEARING DATE: JUNE 5, 1984 :F.R. RATES (1) Difference Beween Single Family and Multi -family Rate (2) Difference Between Single Family and IndustriallCommercial Rate M Agenda Information September 17, 1985 Page Twenty-four Memo City Council Meeting PROJECT 404 FINAL ASSESSMENT HEARING G. Project 404, Final Assessment Hearing, Lexington Place South & Lexington Place 2nd Addition (Utilities) --On August 20, the final assessment roll for Project 404 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on pagesq j5is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on June 5, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing to be held on September 17, 1985. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 404 (Lexington Place South & Lexington Place 2nd Addition - Utilities) and authorize the certification to the County for collection of unpaid assessments to be spread over 5 years at 11.0% interest. • 9/ FINAL ASSESSMENT HEARING PROJECT NO: 404 SUBDIVISION/AREA: LEXINGTON PLACE SO & 6 LOT EQUIVALENT FINAL ASSESSMEENT HEARING: SEPTEMBER 17. 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. -R. = Feasibility Report FINAL F.R. WATER, - RATES RATES SANITARY LXX Area S241-73 $306.75 qj Laterals $873.43 $1,057.00 D Service $729.39 $760.00 ® Lat. Benefit/Trunk $111.98 $112.00 * Services include both sanitary STORM ® Area $426.54 $537.00 ® Laterals $803.34 $1198.00 NUNBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: TOTAL AMOUNT ASSESSED: FINAL RATES 0 Area Ej Laterals $1,631.0 Fj Service n Lat. Benefit/Trunk =_r and watermain STREETS 11 Gravel Base F] Surfacing El Res. Equiv. CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-14 PUBLIC HEARING DATE: June 5. 1984 ■Lv 1 F. R. RATES $2,045.00 FINAL ASSESSMENT HEARING PROJECT NO: 404 SUBDIVISION /AREA:- LEXINGTON 2ND ADDITION FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED ASID/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER - RATES RATES OArea Laterals $489.36 $400.00 Q Service $309.40 $314.00 ® Lat. Benefit/Trunk $112.77 $119.00 * Services include both sanitary sewe TORM SANITARY Area n Laterals Service R Lat. Benefit/Trunk and water. STREETS ElArea ❑ Gravel Base ® Laterals $134.47 $192.00 F] Surfacing 0 Res. Equiv. NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: TOTAL AMOUNT ASSESSED: CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-14 PUBLIC HEARING DATE: June 5, 1984 173 2 FINAL F.R. RATES RATES $122.97 $2 • FINAL ASSESSMENT HEARING PROJECT NO: 404 SUBDIVISION/AREA: FINAL ASSESSMENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R.,= Feasibility Report • Area A) Williams & B) SW 1/4 14, C) SW 1/4 14, • Laterals Service A) Williams & B) SW 1/4 14, C) SW 1/4 141 Larue ($/Lot) 043-53 ($/AC.) 044-53 Larue 043-53 044 -53 - Lat. Benefit/Trunk A) Williams s Larue Add B) SW 1/4 14, 043-53 C) SW 1/4 14, 044-55 D) SE 1/4 15, 013-76 E) St. Franciswood, Outlot A FINAL RATES $ 535.00 $ 1,120.00 $ 1,120.00 $ 398.14 $ 779.58 $ 779.58 $ 10.84 $ 10.84 $ 10.84 $ 10.84 $ 17.87 F. R. RATES $ 535.00 $ 1,120.00 $ 1,120.00 $ 1,882.00(1) $ 1,882.00(1) $ 1,882.00(1) $ 10.84, 10.84 $ 10.84 $ 10.84 $ 17.87 * (1) Services include watermain only in final cost and include watermain and .sanitary sewer in preliminary cost. SANITARY Area Laterals A) SW 1/4 14, 030-53 B) SW 1/4 14, 041-53 Service Lat. Benefit/Trunk V FINAL RATES $ 13.10 $ 13.10 3 F. R. RATES $ 13.10 $ 13.10 STORM Area A) SW 1/4 14, 043-53 B) SW 1/4 14, 044-53 Laterals FINAL RATES $ 2,970.00 $10,977.03 F. R. RATES $ 4,993.00(2) $10,695.00 * (2) Final area substantially less because of large lot credit. NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: 5years RATE OF INTEREST: 11% • TOTAL AMOUNT ASSESSED: CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: JUNE 5, 1984 n 84-14 • Agenda Information September 17, 1985 Page Twenty-five Memo City Council Meeting PROJECT 410 FINAL ASSESSMENT HEARING H. Project 410, Final Assessment Hearing, Lone Oak Road (Trunk Storm Sewer Outlet) --On August 20, the final assessment roll for Project 410 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page_ is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on October 16, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 410, Lone Oak Road - Trunk Storm Sewer Outlet) and authorize the certifica- tion to the County for collection of unpaid assessments to be spread over 15 years at 11.0% interest. • Wa FINAL ASSESSMENT HEARING PROJECT NO: 410 SUBDIVISION/AREA: LONE OAK POND OUTLET FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report - FINAL F.R. WATER RATES RATES Area • Laterals Service Lat. Benefit/Trunk SANITARY nArea n Laterals Service Lat. Benefit/Trunk STORY STREETS O Area 50.45 SO.45 Gravel Base Laterals Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 9 NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $6,850.40 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-1 PUBLIC HEARING DATE: October 16, 1984 97 FINAL F. R. RATES RATES Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty-six PROJECT 411 FINAL ASSESSMENT HEARING I. Project 411, Final Assessment Hearing, Birch Park Addition & Patrick Eagan Park (Trunk Storm Sewer Outlet) --On August 20, the final assessment roll for Project 411 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page- is a summary tabulation of the final assessment rates as compared to those quoted in the feasi- bility report presented at the public hearing held on July 17, 1984. All notices have been published in the legal newspaper and sent to • the affected property owners informing them of the public hearing to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 411 (Birch Park ,Addition & Patrick Eagan Park - Trunk Storm Sewer Outlet) and authorize the certification to the County for collec- tion of unpaid assessments to be spread over 15 years at 11.0% interest. I • FINAL ASSESSMENT HEARING PROJECT NO: SUBDIVISION/AREA: PATRICK EAGAN PARK/BIRCH PARK ADDITION FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report - FINAL F.R. WATER RATES RATES SANITARY OArea •� Laterals Service Lat. Benefit/Trunk STORM ® Area $0.45($/SF) $0.45 © Laterals $199.66($/Lot) NUMBER OF PARCELS AFFECTED: -14 NUMBER OF YEARS ASSESSED: 15 years RATE OF INTEREST: TOTAL AMOUNT ASSESSED: $356,875.88 Area n Laterals Service Lat. Benefit/Trunk STREETS E] Gravel Base Surfacing Res. Equiv. CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84-16 PUBLIC HEARING DATE: .7n1y 17 1984 WA FINAL RATES F. R. RATES -JCl•�.s'"•Siq�^�i1�-.: .w'�:ihJ �i•�iGWi�: �."^�'.rb'... ..fRy�R J't.:r 'e'4. L:Y:?.S^. .-.•SNC. lSe^ �,J[ii�Ffti _.r��%:.l�y'�.�. Agenda Information Memo September 17, 1985 City Council Meeting Page Twenty-seven 415 FINAL ASSESSMENT HEARING J. Project 415, Final Assessment Hearing, Cedar Cliff Commercial Park (Streets & Utilities) --On August 20, the final assessment roll for Project 415 was presented to the City Council with the final assessment hearing scheduled for September 17, 1985. Enclosed on page is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on September 18, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the public hearing • to be held on September 17, 1985. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 415 (Cedar Cliff Commercial Park - Streets & Utilities) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 10 years at 11.08 interest. 0 FINAL ASSESSMENT HEARING PROJECT NO: 415 SUBDIVISION/AREA: CEDAR CEDAR CLIFF COMMERCIAL PARK FINAL ASSESSMEENT HEARING: SEPTEMBER 17, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES DArea ODLaterals nService O Lat. Benefit/Trunk $19.302 $27.97 TORM El Area ® Laterals $0.059 $0.092 NUMBER OF PARCELS AFFECTED: 2 NUMBER OF YEARS ASSESSED: 10 years RATE OF INTEREST: FINAL SANITARY RATES ❑ Area n Laterals $14.198 Service F] Lat. Benefit/Trunk STREETS Gravel Base OSurfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $195.385.80 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: AA -?n PUBLIC HEARING DATE:_ September 18, 1984 /o F. R. RATES $13.78 $54.465 $43.03 Agenda Information September 17, 1985 Page Twenty-eight Memo City Council Meeting PROPOSED 1986 GENERAL GOVERNMENT BUDGET K. Proposed 1986 General Government Budget -- The first budget work session was scheduled at a Special City Council meeting on August 27 to review 1986 departmental requests and the City Adminis- trator's recommended budget for the 1986 General Fund Budget. There are seventeen (17) different divisions comprising the General Fund Budget. These divisions are grouped under approximately ten (10) different departments. The total budgetary requests for 1986 for all seventeen divisions was $7,617,110. Department heads worked on their manpower, capital and other expenditure requests • during the month of July. The City Administrator analyzed all division and department budgets and after reviewing revenue potential, proposed programs which include manpower and equipment projections, the budget was modified or reduced to $6,609,470. In order to fund the department request it would have been necessary to raise the mill rate and property taxes. Under the City Administrator's proposed budget, the mill rate increase was 1.8 mills which is much less than the original budget accumulative submitted by all departments. The City Council, upon review at the August 27 meeting and a second workshop meeting on September 10, 1985, is recommending that the mill rate increase be reduced to .8 of a mill, a reduction of one mill from the City Administrator's budget, and further that revenue projection be reduced to reflect a more conservative forecast for 1986. The budget that is generally being considered by City Council at this time for con- sideration at the Budget Hearing is $6,200,000. The budget for 1985 was $5,121,640. Due to the phenomenal growth, the City will require an increase in manpower, capital equipment and number of operating expenditures in order to provide a constant level of service i.e., snowplowing, police protection, etc. The City Administrator and Director of Finance will be present to discuss the proposed operating budget for 1986 and further answer any questions that may be raised by the audience. Overheads will be available and used if necessary. The purpose of the Budget Hearing is to allow community input into the development of the General Fund. If we want, an additional workshop session is tentatively scheduled for September 24. At the October 1 City Council meeting, the mill levy certification for the General Fund will be considered. ACTION TO BE CONSIDERED ON THIS ITEM: To accept any community input providing further direction on the development of the 1986 General Fund Operating Budget. There is no specific action required by the City Council. /OZ-, I Agenda Information September 17, 1985 Page Twenty-nine Memo City Council Meeting HRA TAX INCREMENT FINANCING FOR WESCOTT HILLS 4TH ADDITION A. Consideration of Tax Increment Financing for Wescott Hills 4th Addition Housing Project -- The developers of a townhouse rental project entitled Wescott Hills 4th Addition, John Houston and Darrel Gonyea, are requesting that the HRA consider an interest rate reduction program for financing this development. The project is located south of Yankee Doodle Road, west of Carriage Hill Golf Course and east of Elrene Road. The City Council has given approval to all land use requirements and further authorized multi- family housing revenue bonds in the amount of $1,880,000 at the June 18, 1985, City Council meeting. In order to consider an interest rate reduction program for any project, the HRA must meet • and review the program and if they find the program acceptable, recommend the same to the City Council who would then set a Public Hearing to consider the actual tax increment financing. For additional information on the program, please refer to a letter from Miller & Schroeder Municipals, Inc.; a copy of the application and program for the construction,/ of this multi -family housing development is enclosed on pages W through . The City Administrator will announce before the agenda item the need to suspend the City Council meeting and convene as an HRA. ACTION TO BE CONSIDERED BY THE HRA: To approve or deny the interest rate reduction program as requested by the developers for the Wescott Hills 4th Addition Project. Special Note: The HRA meeting is then adjourned with the City • Council reconvening their regular meeting. /d3 Toll Free Minnesota (800) 862-6002 Toll Free Other States (800) 3286122 - Miller & Schroeder Municipals, Inc. Northwestern Financial Center. 7900 Xerxes Avenue South. Minneapolis, Minnesota 55431 • (612) 831-1500 August 15, 1985 Mr. Thomas Hedges City Administrator City of Eagan • 3830 Pilot Knob Road Eagan, Minnesota 55121 RE: $1,880,000 City of Eagan Multifamily Housing Revenue Bond Wescott Hills Fourth Edition Dear Mfr. Hedges: As we discussed Wednesday, please find enclosed an application for Tax Increment Financing/Interest Rate Reduction by Wescott Hills Limited Partnership for the proposed Wescott Hills Fourth Edition. The City Council gave preliminary approval for Multifamily Housing Revenue Bonds for this proposed 32 -unit project in June, 1985. The Developers, John Houston and Darrel Gonyea, are requesting that the HRA consider an • Interest Rate Reduction Program for the above -referenced project which would result in a 50% reduction in Real Estate taxes for up to ten years from the time the bonds are issued to finance the project. At such time you feel it would be convenient to meet with the developers, Paul Hauge, Holmes & Graven as Legal Counsel involved in preparing our Tax Increment Plan for the HRA City Council consideration and myself, please let me know. Might we suggest the week of September 9th. In the interim, we will coordinate the presentation for the HRA's consideration which will support the developer's request for a 50% reduction in Real Estate Taxes. This presentation will include many. of the points which have been discussed as concerns of the City Council in the past with respect to the Can -American project. Headquanem Minneapolis. Minnesota BranchOmces: Do to Minneapolis•Solana Beach,Califomia•Santa Monica.California- Northbrook Illinois -SC Paul.Minnesaa• Naples. Florida -Tallahassee. Flonda•CarsonCity. Nevada Member of me Securmes In.esrar Pm Coroo..n Mr. Thomas Hedges August 15, 1985 Page Three We look forward to assisting the City once again in a Tax Increment Program which will result in high quality affordable housing for the City of Eagan. Very truly yours, MILLER & SCHROEDER MUNICIPALS, INC. Marcia A. Cohodes Assistant Vice President MAC/blh Enclosures cc: Paul Hauge, Esq. 'V, John Houston Gene VanOverbeke • • 1 ' Mr. Thomas Hedges August 15, 1985 Page Three We look forward to assisting the City once again in a Tax Increment Program which will result in high quality affordable housing for the City of Eagan. Very truly yours, MILLER & SCHROEDER MUNICIPALS, INC. Marcia A. Cohodes Assistant Vice President MAC/blh Enclosures cc: Paul Hauge, Esq. 'V, John Houston Gene VanOverbeke • • E CITY OF FAGAN, MINNESOTA Interest Rate Reduction Program Application 1. Name of Project Project Address Date August 7, 1985 Wescott Hills Fourth Addition Yankee Doodle Road & Mike Collins Drive 2. Applicant Name John C. Houston and Darrel E. Gonyea • Address 9100 West Bloomington Freeway, Suite 157, Bloomington, MN 55431 Contact Person John C. rouston Darrel E. Gonyea Telephone Numbers (612)423-2995 (612)333-1112 3. Form of Business (check one) Sole Proprietorship Partnership X Corporation If partnership, include names of partners and ownership interest. John C. Houston - 50% Darrel E. Gonyea - 50% • 4. Partnership's Legal Counsel (firm name) Best & Flanagan 3500 IDS Tower Address Minneapolis, MN 55402 Contact Person _ Telephone Number �-Y Jim Olson 612)339-7121 -1- 5. Experience in multifamily construction and/or rehabilitation. CITY PROJECT NAME # UNITS Apple Valley Farquar Hills 100 Lakeville Acorn Hts 10 and various other development projects in Bloomington, Eden Prairie and Eagan. 6. Project Description: 35 Townhouse units in Wescott Hills Fourth is Addition in Eagan, Minnesota. The project will include two 10 -unit buildings, one 7 -unit building, and two 4 -unit buildings for a total of five buildings. Each townhouse unit will have a two -car attached garage. There will be a mix of 2 and three bedroom units. Each unit will have its own heating and air-conditioning system with separately metered gas and electric services. 7. The total cost of the project will be approximately $ 2,373,000 • 8. Attach a site map showing zoning of all adjacent property. 9. Are there any unusual site conditions requiring excessive site preparation activities prior to construction? No Yes X If yes, specify: Sewer and Water Utility service stubs are not adequate for the project. Therefore, cuts will have to be made into the existing sewer and water mains for these connections and the existing street surface and concrete curb and gutter will have to be restored. -2- 11. Is this project to be financed with the City's tax -exempt -.'bonds? No Yes X If yes, attach one copy of your Multifamily Housing Bond Program Request. program attached. If no, complete sections 12 and 13. 12. Source and Use of Funds • Source Type and amount of financing Developer Equity Other Total Use Construction Costs Other Total -3- 10. Proposed monthly rent structure with interest -rate reduction assistance: 1986 Structure $ Efficiency $ One Bedroom $ 660 Two Bedroom $ 720 Three Bedroom Proposed monthly rent structure without interest rate reduction assistance: $ Efficiency $ One Bedroom • $ 726 Two Bedroom 792 $ Three Bedroom 11. Is this project to be financed with the City's tax -exempt -.'bonds? No Yes X If yes, attach one copy of your Multifamily Housing Bond Program Request. program attached. If no, complete sections 12 and 13. 12. Source and Use of Funds • Source Type and amount of financing Developer Equity Other Total Use Construction Costs Other Total -3- 13. Appraised value of project $ 2,400,000 Source of Appraisal (check one) MAI X Other If other, identify some source and method of determining appraised value. J 14. Attach a one page summary describing why you feel your project needs tax increment assistance. Summary attached. • Please remit your check in the amount of $500 payable to the City of Eagan, to the attention of: Ms. Marcia A. Cohodes MILLER b SCHROEDER MUNICIPALS, INC. 7900 Xerxes Avenue South Suite 2300 Minneapolis, Minnesota 55431 f Include two copies of this application with your check. -4- PROGRAM FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eagan (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's 462C Housing Plan, adopted on April 17, 1984 (the "Housing Plan"), including • particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private mar- ket financing for the acquisition and rehabilitation of multifamily housing units; (iii) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, inadopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs to the City, including future administrative expenses; (v) the restrictions of the multifamily development to be financed under the Program; and (vi) certain other limitations. The City has received a proposal from Mr. John Maiston and Mr. Darrel E. Gonyea that, pursuant to the authority found in the Act, the City approve a program providing for the construction of approximately thirty-five (35) units of rental housing ("Housing Units") located southwest of Yankee Doodle Road and Mike Collins Drive in the City (the • "Project"). issuance of The construction of the Project is to be funded through the up to $2,100,000 in revenue bonds issued by the City (the "Bonds"). It is proposed that the bonds be sold publicly through an underwriter and that the Bonds will include some form of credit enhancement, such as additional collateral, insurance or a letter of credit, in order to provide favorable interest rates. Following construction of the Project, the Developer, or a related entity, will own and operate the Project as a multifamily residential rental project. The thirty-five (35) townhouse units will consist of two bedroom apartments, of which twenty percent (20%) of the units will be specifically reserved 1; for tenants whose incomes are not greater than eighty percent (80%) of the area median income. It is estimated that rents for the Housing Units will be between $595 and $635 per month. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's 462C Housing Plan, adopted on April 17, 1984 (the "Housing Plan"), including • particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private mar- ket financing for the acquisition and rehabilitation of multifamily housing units; (iii) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, inadopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs to the City, including future administrative expenses; (v) the restrictions of the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) house- holds with incomes at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions; (iv) families with children; and (v) accessibility to the handicapped. The Project will be rehabilitated and financed pursuant to Sub- divisions 1 and 2 of Section 462C.05 of the Act. Subsection A. Definitions The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. • (2) "Adjusted Gross Income" shall mean gross family income less $750 for each adult and less $500 for each other dependent in the family. (3) "Bonds" shall mean the Revenue Bonds to be issued by the City to finance the Program. (4) "City" shall mean the City of Eagan, County .of Dakota, State of Minnesota. (5) "Developer" shall mean, Mr. John C. Maiston and Mr. Darrel E. Gonyea. (6) "Housing Plan" shall mean the City of Eagan 462C Housing Plan, adopted on April 17, 1984, setting forth certain information required by the Act. (7) "Housing Unit" shall mean any one of the market rate apartment • units located in the Project, occupied by one person or family, and con- taining complete living facilities. (8) "Land" shall mean the real property upon which the Project is situated. (9) "Program" shall mean the program for the financing of the Pro- ject pursuant to the Act. (10) "Project" shall mean the multi -family housing development con- sisting of thirty-five (35) market rate Housing Units to be constructed by Mr. John C. Maiston and Mr. Darrel E. Gonyea on the Land, subject to review and approval by the City Council in accordance with the Eagan Zoning Ordinance. -i- Subsection B. Program for Financing the Project It is proposed that the City establish this Project to construct thirty-five (35) townhouse units to be owned by the Developer, or a related entity, at the price and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the Lender and the Developer. To do this, the City expects to issue Bonds, the proceeds of which will be loaned to the Developer for the acquisition and rehabilitation of the Project. It is expected that a Trustee will be appointed by the City to monitor the rehabilitation of the Project and any payments of principal and interest on the Bonds. The cost of a credit enhancement item will be borne by the Developer and payable in addition to the principal and interest on the Bonds. It is contemplated that the Bonds shall contain a maturity of at least ten (10) years and will be priced to the market at the time of issuance. • The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a trustee, experi- enced in trust matters to administrate the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reim- bursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program. The Bonds will not be general obligation bonds of the _ Cids City, but are expected to be paid from properties pledged to the payment . thereof, which may include a credit enhancement item such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions to the Program It is not contemplated that any additional financing or contributions • from the City will be needed for the completion of the Project, or for the operation of the Program. Subsection D. Standards and Requirements Relating to the Financing of the Proiect Pursuant to the Proeram The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program. (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and rehabilitation of the Project, which will provide thirty-five (35) market rate residential units. The funds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Developer. (2) The Developer or subsequent owner of -the Project, will not arbi- trarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, age or ( -- statue with regard to public assistance or disability. �fv (3) No Housing Unit may be in violation of applicable zoning ordi- nances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. , (4) Pursuant to Section 462C.05, Subdivision 2 of the Act, at least twenty percent (20X) of the Housing Units vll be held for occupancy by families or individuals with an Adjusted Gross Income not in excess of eighty percent (80X) of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis -St. Paul metropolitan area. The remaining Housing Units in the Project shall be designed to be affordable by persons and families with an Adjusted Gross Income not in excess of the limits set forth in Section 462C.03, Subdivision 2 of the Act. Subsection E. Evidence of Compliance The City may require from the Developer or such other person deemed • necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City of its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Developer or such other person deemed necessary concerning compliance k " with various aspects of this Program. Subsection F. Issuance of Bonds C; To finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its Revenue bonds in an aggregate principal amount estimated to be approximately $2,100,000. The bonds • shall be issued prusuant to Section 462C.07, Subdivision 1 of th Act, and shall be payable primarily from the revenues of the Program authorized by this Section. Subsection G. Severability The provisions of this Program are severable and if any of its pro- visions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the deci- sion of such court shall not affect or impair any of the remaining pro- visions. Subsection H. Amendment The City shall not amend this Program while Bonds authorized hereby are outstanding to the detriment of the holders of such Bonds. 0 WESCOTT HILLS FOURTH ADDITION SUMMARY OF REASONS WHY TAX INCREMENT ASSISTANCE IS NEEDED C This is a Townhouse Rental project. As such it will provide a unique rental housing alternative for Eagan residents. However, the very nature of this type of housing makes it more expensive to provide on a per dwelling unit basis as compared to the typical rental apartment project. The main reasons for the higher cost for townhouses area 1) Higher land costs due to lower density (6.18 units per acre for Wescott Hills Fourth Addition as compared to 12-16 units per acre for apartments), 2) Higher site improvement costs also related to the lower density which requires more streets and utilities per dwelling unit, and 3) Higher building construction costs per unit because of the larger square footage of living space, attached two -car garages with each unit, and separate heating, air-conditioning and laundry facilities for each unit. While the lower density and larger units will command higher rents than the typical apartment - the market will not support rents high enough to provide a •reasonable rate of return on the additional capital investment. This fact is apparent from an analysis of the Appraisal report prepared by Shenehon & Associates, Inc. in which the Cost Approach to Value in the Appraisal (page 20) is $2,300,000 but the Income Approach to Value (page 30) is only $2,150,000. The City of Eagan and the Minnesota Housing Finance Agency have approved this project for $1,880,000 in Multifamilly Housing Revenue Bonds based on 80% of the $2,350,000 estimated market value of the project. The duly 24, 1985 Financial 'Analysis of the project by First Capital Resources Corporation estimates that the C�t Operating Income would support a FNMA Bond Issue of only $1,702,830 assuming a 'gross final rate of 9.75% on the mortgage. This represents a shortfall of $177.170 less than the normally expected 80% mortgage. If the annual Net Operating Income (NOI) were about $21,006 higher this shortfall would be covered (based on a gross mortgage rate of 9.75% on a 30 year mortgage with a 1.15 debt coverage,ratio). In addition, another factor which came up subsequent to the Appraisal and Bond •Inducement hearings is a change in Federal policy with respect to Income Limits and Maximum Rents which adversely impacts this project. Prior to the change 20% of the units had to be reserved for households with an income of less than 80% of the median for the area. The requirement was interpreted as about $27,000 for Eagan regardless of the family size or number of bedrooms and the Appraiser did not feel that it would have any material adverse affect on the income of the project. Now, under the new policy the Income Limits are trended for family size and number of bedrooms which results in maximum rents as low as $460 for a person with an income of $18,400. If we assume that 20% of our typical 2 BR units which have a projected market rent of $660 for 1986 (page 28 of Appraisal) must be rented at $590 (based on the max rent for a family of 3 with an income under $23,600) - this factor alone will reduce our annual NOI by $5,880. This change is not reflected in the Appraisal nor is it reflected in the aforementioned analysis by First Capital. Therefore, we are asking for a subsidy equivalent to $26,886 per year which would cover the $21,006 needed to bring the mortgage to 80% of value and the $5,880 needed to cover the rent subsidy to low income persons under the new regulations. We request that this be accomplished by allocating, for payment of bond interest, up to �26,886 per year of any Real Estate Taxes in excess of $4,903.06, which is the �__'urrent 1985 Base Tax on the undeveloped property. Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty =OLD=:BUSINESS° WESCOTT HILLS 4TH ADDITION/TAX INCREMENT FINANCING A. Consider Recommendation of HRA and Set Public Hearing to Consider Tax Increment Financing for Wescott Hill 4th Addition Housing Project -- The previous motion will establish direction for the City Council agenda item. If the HRA recommendation is approval of the tax increment financing program, it is then appropriate to set a Public Hearing to consider the interest rate reduction program as presented for the Wescott Hills 4th Addition Project. Assuming • the program is not acceptable and there is no favorable recommenda- tion by the HRA, there is no action to be taken by the City Council. A letter was submitted by the developers of the Wescott Hills 4th Addition Project discussing their reasons for pursuing tax increment financing on this project. Enclosed on pages through is a copy of that letter.* ACTION TO BE CONSIDERED ON THIS ITEM: If the HRA submits a favorable recommendation for a tax increment financing program considering the Wescott Hills 4th Addition Project, it is appropriate to set a Public Hearing for the October 15, 1985, meeting to consider this financing arrangement. *Applicant was unable to deliver the letter to City Hall on Friday before this packet went out. It will be included with Additional Information on Monday. • 115 Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-one REZONING & PRELIMINARY PLAT/LEMAY LAKE HILLS B. Rezoning from A to Planned Development and Preliminary Plat for LeMay Lake Hills Consisting of Approximately 13.69 Acres Containing 8 Single -Family Lots and 40 Apartment Units -- A public hearing was held by the Advisory Planning Commission at a regular meeting held on July 23, 1985, to consider two (2) applications submitted by Al Kempf to consider (1) rezoning of approximately 13.69 acres from A to PD and (2) a preliminary plat to subdivide the area into 8 single-family lots and 5 multiple dwelling lots consisting of 40 dwelling units on the 5 lots. Action taken by the APC was to recommend approval of this application by the City Council. The City Council reviewed • these applications at a regular meeting held on August 20, 1985, and after much discussion and numerous questions, the item was continued for further consideration until the September 3, 1985, meeting. For additional information on the item, a copy of the Planning Consultant's report that was included in the last packet of information is again enclosed on pages // through For a copy of the APC minutes, refer to pages i through The new information as prepared by the applicant with a written review by the City Planning Department is enclosed on pages /.35 through /,3}j for your consideration. Also enclosed and referenced as page -135 is a sketch relating to an apparent landlocked parcel. The Advisory Parks & Recreation Commission reviewed the preliminary plat entitled LeMay Lake Hills at its August 15 Commission meeting. • The Commission is concerned about the setback of the homes from the lake and that adequate erosion control measures be taken during construction. After further review of the plat, the Commission made the following recommendations: 1. The plat be subject to a cash dedication requirement. 2. A trailway on Towerview Road and the proposed street to Pilot Knob Road be included. 3. A trailway along Lone Oak Road from the proposed road to Piiot Knob be included. 4. That adequate erosion control measures be taken in construction and grading of this preliminary plat as well as home construction. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny 1) the rezoning to a planned development and 2) a preliminary plat. 116 -- CITY OF EAGAN -- SUBJECT: Rezoning and Preliminary Plat APPLICANT: Al Kempf LOCATION: Northeast Quadrant of Towerview Road & Pilot Knob Road EXISTING ZONING: Agricultural DATE OF PUBLIC HEARING: July 23, 1985 DATE OF REPORT: July 17, 1985 REPORTED BY: John S: Voss, Planning Consultant APPLICATION SUMMARY: An application has been submitted for a rezoning of an approximate 13.69 acre area from Agricultural to Planned Development. A second application has been submitted for a Preliminary Plat in order to subdivide the area into eight (8) single family lots and five (5) multiple dwelling lots. Each of the multiple dwelling lots would be developed with an "eightplex" for a_total of 40 multiple dwelling units on the five (5) lots. The preliminary plat also provides for a local residential street which would extend from Lone Oak Road on the north to Towerview Road on the south. ZONING AND LAND USE: The proposed rezoning from Agricultural to Planned Develop- ment - is consistent with Eagan's Comprehensive Plan in that this property is designated for Residential R -II development. This would permit three (3) to six (6) units per • acre which would be a range of 41 to 82 dwelling units over this 13.69 acre parcel. The developer is proposing 40 multiple dwelling units and eight (8) single family homes for a total of 48 units. This property would also be subject to the City's Shoreland Management Ordinance N77. It appears that the provisions of this Ordinance are met except for the minimum lot area requirements of 10,000 square feet per unit for waterfront multiple dwellings on "General Development Waters" as provided in Section 77.03 -of the above -referenced Ordi- nance. This matter will have to be reviewed with the Minnesota Department of Natural Resources as provided by the Ordinance. CODE COMPLIANCE: It appears that the preliminary plat complies with the minimum require- ments of Eagan City Codes with the exception of the Shoreland Ordinance as referenced above. /l7 Planning Report - City of Eagan Subject: Rezoning and Preliminary Plat Applicant: Al Kempf July 17, 1985 Reported by: John S. Voss, Planning Consultant Page 2 SITE PLANNING: The shape of this parcel and proximity to LeMay Lake and surrounding streets pose some development problems. Several development schemes have, been sub- mitted for this property over the past several years. This proposal, titled "LeMay's Lake Development", appears to be well-designed. It provides for a public street through the property. It also provides single family homes across the street from those which currently exist on Towerview Road. It also provides a single family home adjacent to the existing home at the intersection of Lone Oak Road and Pilot Knob Road. The remainder of this site would be developed with relatively small (eight unit) dwel- ling units backing upon Le May Lake. Some of the lots along Towerview Road would have `'double frontages which is not desirable, however, this cannot be avoided if a through street is to be provided. Also, the through street would parallel Pilot Knob Road for approximately 450 feet and would be at an elevation considerably below Pilot Knob Road. As such, a planting screen should be provided in addition to the change in elevation so that traffic along Pilot Knob Road is not confused by the adjacent traffic flow along the internal street. Also, it appears that the proposed parking areas on Lots ,i6and #7 of Block #2 would not meet the minimum 20 foot setback requirement of the Eagan Zoning Ordinance. Either this would have to be redesigned or a Variance would have to be obtained from the City. 0 //g • • W CITY OF EAGAN SUBJECT: LEMAY LAKE HILLS, PRELIMINARY PLAT APPLICANT: AL KEMPF LOCATION: NW. OF THE NWa OF SECT. 10, N. OF TOWERVIEW RD. EXISTING ZONING: A (AGRICULTURE) TO P.D. (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: JULY 23, 1985 JULY 18, 1985 ENGINEERING DEPARTMENT GRADING/DRAINAGE: The grading as proposed by this developer is feasible. However, it will require the construction of 600 ft. of retaining wall adjacent Pilot Knob Road. The retaining wall height varies but the northern portion is ;approximately r,13 .ft. high. Other aspects of this grading plan include a maximum of an 8% street grade off of Lone Oak Road. (Although this is . not shown as such, the. developer did not show a 2% landing area , at Lone Oak Road. Incorporating this results in an 8% grade..),.._ Also, several areas of 3 to 1 slopes are required to incorporate this grading plan. Although none of the above factors are in . excess of City Codes, staff felt they are at least worth mentioning.''_- The proposed grading plan will slightly alter the existing drainage pattern over this site. About two-thirds of this site will drain into the public street. Proposed catch basins at the street low point over the existing storm sewer outlet line from LeMay Lake will collect this runoff. The remaing one-third will continue to drain into LeMay Lake. Therefore, it is important that the developer submits a detailed erosion control plan for review by staff so that erosion and sedimentation into LeMay Lake is kept to an absolute minimum. Because the trunk storm sewer outlet from LeMay Lake is in place, in addition to all downstream trunk storm sewer, this development will not require any further extension or upgrading of trunk storm sewer facilities. SANITARY SEWER: This development proposes to extend sanitary sewer from the existing 8" sanitary sewer line located about in the middle of this development. This is feasible because the existing sanitary sewer is of sufficient, depth and capacity to allow these extensions. Staff recommends that sewer be extended to provide service to the existing house. i/9 PRELIMINARY PLAT LEMAY LAKE HILLS JULY 23, 1985 PAGE 2 This development will not require any upgrading or installation of new trunk sanitary sewer facilities. WATER MAIN: This development proposes to connect the existing 6" water main within Towerview Road and loop it through to connect to an existing 16" water main within Lone Oak Road. Both existing lines are of sufficient size and capacity to allow this looping. This development will not require any trunk water main improvements. STREETS: Towerview Road, Pilot Knob Road and Lone Oak Road border this development on its south, west and north, respectively. • Towerview Road is designated as a City residential street. Pilot Knob Road and Lone Oak Road are designated as major collector streets and under the jurisdiction of the Dakota County Highway Department. Although the classification of Towerview Road is as a residential street, it is not up to City standards. As a condition of this proposed development, the upgrading of Towerview Road to City standards should occur. This will require the paving and installa- tion of concrete curb and gutter for on Towerview Road. The proposed public street connecting Towerview Road and Lone Oak Road shall be a residential street built to City standards. Because of the grade differences between Pilot Knob Road and the proposed internal public street, staff does not feel the close proximity of each will pose problems. RIGHT-OF-WAY/EASEMENTS: Right-of-way for Pilot Knob Road and • Towerview Road exist as highway easements. Staff proposesded- ication of right-of-way as follows: Street Pilot Knob Road Lone Oak Road Towerview Road ;S Right -of -Way Width 55 ft. 60 ft. 30 ft. The developer of this area is proposing to dedicate a 50 ft. wide right-of-way for the internal street. Because this internal street is serving only this development, staff agrees with the developer proposal for the 50 ft. dedication. Staff will require easements over the sanitary sewer and water main not located within public right-of-way. These easements must be a minimum of 30' in width. All other easements required shall be in accordance with City Code. /ao N PRELIMINARY PLAT - LEMAY LAKE HILLS JULY 23, 1985 PAGE 3 ASSESSMENT: Research into the assessment regarding this site indicate this site is still responsible for trunk area watermain and upgrading of trunk area storm sewer from residential to multiple rates. These are summarized in the following table. Est'd 1985 Description Qty Date Amount Trunk Area Watermain 8.64 Ac. (1) $1,190/Ac. $10,280 Trunk Area Storm 376,670 sq. ft. ('1) $0.013/sq. ft.(2) $4,900 • Sewer Upgrading (1) Net Area (2) Difference between multiple & single family rates ($0.061-0.048) These assessments are due at the time of final platting at the rate I I in effect at that time. • PRELIMINARY PLAT JULY 23, 1985 PAGE 4 CONDITIONS: - LE211AY LAKE HILLS 1) The developer will be responsible for constructing the necessary guardrail/handrail between the retaining wall and the bike path along Pilot Knob Road. 2) The sanitary sewer shall be extended northerly to provide service to the existing house. 3) The upgrading of Towerview Rd. shall be approved prior to final plat approval. 4) A 55 ft. half right-of-way for Pilot Knob Rd., a 60' half right-of-way for Lone Oak Rd., and a 30' half right-of-way • for Toweverview Rd. shall be dedicated on the final plat. 5) A 30' width utility easement will be required over sanitary sewer and watermain not located within public right-of-way. 6) This development shall be responsible for trunk area watermain and the upgrading of trunk area storm sewer assessments from single family to muti family at the rates in .effect at the time of final plating. 7) All costs associated with this development regarding internal public improvements will be the sole responsibility of this development. 8) Park Dedication requirements shall be satisfied as recommended by the Eagan Park Commission and approved by the City Council. 9) The developer shall submit a detailed landscape plan providing • for a solid screen for the approximate 450 foot area where the proposed internal street parallels Pilot Knob Rd. prior to the approval of the final plat. 10) The developer shall provide a name for the proposed internal street. 11) All provisions of Eagan's Shoreland Ordinance #77, including density, shall be met prior to the approval of the final plat. 12) The minimum setback requirements for parking areas shall be met prior to approval of the final plat. 13) The preliminary plat shall be approved by the Dakota County Plat Committee prior to the approval of the final plat by the City. 14) A detailed landscape plan for the multiple dwelling area shall be submitted to the City staff and approved prior to the issuance of any building permits. �zv 0 0 IP7BAVM9Ei K ERICRICOCI(I RSOH ERCH, LEMAY'S LAKE NVELOPMENT i EAW4 MINNE60TA IWh9NN9R1 RhANR EnILMAON AhclltlEcl9, IN4 ",°�10 LLMAYt LAKE DEVELOPMENT ;.:__ ^ __ _ 0 t6tAL $1 ARTYfNT UMTS 140 ?afAL}4ANRt1,1D KOLXRCD• 1w t01 AL YiRRINO s1DwN- 100 Ul I r" Litt ILIIntI ULHI1 ' L¢MAY LAkki T. J II I, !I / T RNAIIK LRICK90N •......—.—__._. __..._.. _.. IES ' r,uu, lur MM k _ AININITLC C tut. �'"� le�.� �•�� ••• ••• •����� •��.Sr.a: L��t� LAIN HILLS °��"""'•""•'-�� BUR; MIM&BOTA ph@LIMINAgY U7LI7 PLAN 0 TOT^L t jq�RINEMT IBIITS-40 forµ rW liwq VXMRED - 100 19ML PWIPA 511QWH-100 I !/ 'i un unrPi xlF I r Ylryr rIrPI 4PF111 Ir/ // LEMAY LAKEI rrr'. r IY r A( PYryi L WP jrP er OA T PYuwl /YYYir i HiI•,T!M a o'j f1P 4NM 9414"9YfY/ 1 C bPP HPfI 11'FED RR�HM n. PCP ARCHITECTS, SON "_"_"_"'•_-- .,,,., AKH.7iIN._ PRELIMINARY GRAP.. INQ KANEAOANrMiNNcUTA .. •... KWIiH IHSS Y•H 4�Ain� p��CRIPTIAN a m"" I LEMAY'S LAKE i I orae ca ro '\ J. 7/.991911 __xr!nry t•nel�ir. \��\ ,BLOCK l\ �\ u,roo pr6 III 7Aioo ,a •r % !—Js4. AWN 0 Ir f% i i It -Ill 1..911 u .• • ..m sr'a '4rvu .Dona awns �b f PIAT-rNPR-HW-- I10VII'Y-.... - Su�r5141 ' INifpINO .. 1MPHN,-; M .m w, iINC,. uua M•nuai, • ns,e a u.n R. 111'11oa •• � PRELIMINARY PEAT SWAY WP HILI-§ I_ __ _. ... a _ r '!II brr uinglY.iir..___.__ nmatfmn ._ _.._�11NN • 'Y' C ICI'•••-•:.' lu.x.nrve (✓n✓.W:1w i1Y11A' 9' IP 1 ,.., x.•r�I rYl i,' IP Tlij�+-1lP1V� •� •,efy..U:... •Ipenry rP 4'......•....a'n.t• y IP ' I'C 0. more 1 IY'•YI}-•III' .••• �Y IG IP �4.'111'Yx�f11HY''94,Nn„1 a',1• i' �YwiY IINWH- INtf tt:tC x+r 7 -Y'- � 1'P.: ". ry,w-�. xr'}�•:x✓.xr, A -RLI TOTAL 0 APARTYEIII' IIINT9111 _ � � •b'4 - ,, — -"� I . MAL PAAKWO FISAWK 19A � � I Q �\ .tP ,\IN.�• IIti1 + 1�7„ �!� �r. t� .. I I II I � PILOT �aereteclr. ole LEMAY'S 1 AKE DEVELOPMC NT I' + ) /J .r an l IndCOMMERCIALRANNEDDEVELDCi` NTSRIAid •:/ • :":. '.2• LLI Ij .. I. IP1211'. Ind flf Ib6-j Illi :1 GU' r if P RN til Ind /. RBD RN hill` 2 _- ; .. I.( © Intl Ind. ND LEI RII III RIII LB R -II P R-11. CSC, R-111.. M R-1 P RII �P I RII 21 .. R-1 a Ind R -I R.11r R -I R -I ' Ind R -II R-1 , V CSC P RI"H . RAI R RI ___: •'y IIP •� 'R.I .,., &II fl -II R.IIM R 1 .IIIJJJ r LD E LD E • •' [T�g '• .. 1•d [ III RIII RB RIII ..5., %""' R A. 1 +I•I VIII R -I I RIII RIII fll��I -:� I It 111 CSCIGB/LI RAI R-tl IRR4--1 R -III I I I R l. _ �� r �. 1 II I: 41 E I III _ P I• , C E fl,)1. 7... ;��, A -II Rdlj 'p ., �; ® U 1 R21 R-11 f'_l•. •, .I�. I•'. RI ��af Rll Nn,)!,r RI R -III LB I[jy R•I !• "--' I CSC 1` LB RB LB Z (IRIRIP. P R-1 R,tl q „I _ , _ R-11 Rai P I L , l --"!`�1 "�+J� II ..• , , 1� dmr[ unit[• LAND USE GUIDE PLAN RESIDENTIAL R -I single lamely (0ynl/acre) R -II mixed residenholOGwt/are) R -III mixed residenhol Si1211111 crc) R. IV multiple l•2unlVaCrrJ INDUSTRIAL Ina industrial R&D research Bde loPmenl COMMERCIAL LB limited business NB neighborhood business GB general business CSC Community shopping Center RSC regional shopping center RB roadside business OPEN SPACE P parks,quosl public E,M,NS,scnools FEB. 198 CITY OF EAGAN A !VIE EFFLE ACRE AL 5RIFOOL R4 FII PQ K PARK F) RD REY MENS L -B I'lc i 4f BHTS :;7a4 R'1111.1 R-4 w U.S. POSTAL SERVICE Ll R - 11A, r ,/a Rila �-4 R ADDITION I T 10 N ,, �' I RR -4 - G B L v T C� A R Er- I 0 Y Nl�-- RB L N M, SC I p ' ilot 4 '-2 ) �82-2 4 5 . I LB �j R-4 csc O'LEAkY PARK /7 PILOT XNOBR 4 C OsSROnF ADc I L--B(J:400 R MLS 'KEE EAGANDA 0 V I G13 FOMARK ADDITIC APC Minutes July 23, 1985 9. The developer shall meet the applicable requirements of the standard engineering conditions. 10. The developer shall submit plan profiles of the utilities and streets to the City staff for review and approval. . 11. All lots shall meet R-1 requirements. 12. The planned development for Lexington South shall be amended to conform with the plat of Wedgwood 2nd Addition and the density which is not used in the area of Wedgwood 2nd Addition shall not be shifted to the remainder of the planned development. All members voted in favor. LeMAY LAKE HILLS - REZONING b PRELIMINARY PLAT Chairman Hall convened the public hearing concerning the application of Al Kempf for rezoning from A Agricultural to PD Planned Development, for property located in part of the northwest quarter of the northwest quarter of Section 10, north of Towerview Road and for preliminary plat approval of LeMay Lake Hills consisting of approximately 13.69 acres containing 8 single family lots and 40 apartment units in the same area. Dale Runkle introduced the. application and reviewed the staff report dated July 17, 1985. He stated that there have been neighborhood meetings with the developer but City staff were not aware of the concerns of the neighbors. Greg Hollenkamp, the architect, and Al Kempf, the applicant, were present. Mr. Hollenkamp stated that the townhouse units would be two bedrooms, the buildings would.be two stories, there would be 8 units per building, that they would be rental units with the possibility of being converted to condominiums at a later time, and that the • rental rate would probably be around $500.00, but that he is not sure. In response to questions from the public, Mr. Kempf stated that the cost of the townhouses would be about $40.00 a square foot or about $40,000.00 per unit, that the vegetation by the lake would not be disturbed by the developer, that there would be 2 and 1/2 parking spaces per unit, one in the garage, one in front of the garage and 4 additional spaces for each building. Runkle stated that the parking provided would meet City Code. Mr. Kempf stated that the cost of the single family lots would range from $25,000.00 to $40,000.00 and that they would be sold individually, that there would be an approximate 120 foot buffer between Towerview Road and the townhouses, and that the street intersecting Towerview Road would do so west of Quarry Road. A neighboring property owner stated that the road at the south part of the plat would hit Quarry Road at the middle of Wachtler's house, that there is concern about traffic in the area, and that it would be preferable to have the road come out closer to Pilot Knob Road. Hall stated that there would be space needed for stacking along Towerview Road, and Hefti stated that 200 feet of stacking would be a minimum requirement. One neighboring property owner stated that the corner of Quarry and Towerview is hard to see around in the winter, and that it would be better to have the intersecting road farther from that intersection. Another neighbor stated a concern about rental units in the development, the lack of any real concept for the single family units, the /3l 10 APC Minutes July 23, 1985 possibility of many years delay before the single family units are sold or developed. Jerry Rodgers, resident at 1335 Quarry, stated that the development is inconsistent with the neighborhood, the rental units would be cheap, and that the current houses are well kept and have values in the $100,000.00 range. In response to questions from the commission, Hollenkamp stated that all single family lots meet ordinance requirements, that the single family lots will be sold to persons building houses on the lot, that there have been inquiries from the developers and individuals about lots in the area, and that the developer cannot afford to develop all of the subject property as single family because of the assessments and costs involved, and that each individual apartment unit would have a separate entrance onto a walkway area in the middle of the building. Wilkins raised questions concerning the retaining wall between the street and Pilot Knob Road, and the distance between the retaining wall and the sidewalk. Hefti stated that there would be about 10 • feet between the retaining wall and the sidewalk along Pilot Knob Road, and Hollenkamp stated that it would be possible to include a stairway from the street to Pilot Knob Road to keep children from cutting across yards. In response to questions from the commission, Kempf stated that the street in the plat will be a public street, that if the apartments are sold as townhouses, there will be an association and that if they are not sold, the developer will manage the project. Runkle stated that further review of the proposal in relation to the shoreland ordinance would need to be done by the staff, especially as it relates to the density of the proposal, and that staff could also look at making the street line up with Quarry Lane or moving the street to the west. Kempf stated his desire to sell the townhouse units eventually. Wold stated his concern that the proposal appears to be in between being a rental development and development for sale, and that part of the development might be sold and part would remain rental property. Runkle suggested the possibility of requiring that there be an association when a certain percent of the units are sold. Wold suggested that covenants could be required on the • single family lots to make them compatible with the neighborhood, especially as this would relate to the square footage of the homes. Trygg agreed that covenants could be helpful, and Hall stated that this appeared to be the best development plan that had yet been proposed for this property. Wilkins moved, Wold seconded the motion to recommend approval of the application of Al Kempf to rezone from A (Agricultural) to PD (Planned Development) approximately 13.69 acres located in part of the northwest quarter of the northwest quarter of Section 10, north of Towerview Road, subject to the condition that all procedures in the Shoreland Ordinance shall be followed concerning the consideration of exceptions to the Zoning Ordinance by consultation with City staff and concerning the submission of the proposed planned development to the Department of Natural Resources for its review and approval, and as part of the same motion, Wilkins moved, Wold seconded the motion to recommend preliminary plat approval of LeMay Lake Hills, consisting of approximately 13.69 acres containing 8 single family lots and 40 apartment units in the property described above, subject to the following conditions: 1. The developer shall be responsible for constructing the necessary guardrail/handrail between the retaining wall and the bike path along Pilot Knob Road. /3oZ, 11 APC Minutes July 23, 1985 2. The sanitary sewer shall be extended northerly to provide service to the existing house. 3. The upgrading of Towerview Road shall be approved prior to final plat approval. 4. A 55 foot half right-of-way for Pilot Knob Road, a 60 foot half right- of-way for Lone Oak Road, and a 30 foot half right-of-way for Towerview Road shall be dedicated on the final plat. 5. A 30 foot wiath utility easement shall be granted over sanitary sewer and watermain not located within public right-of-way. 6. This development shall be responsible for trunk area watermain and the upgrading of trunk area storm sewer assessments from single family to multi- family at the rates in effect at the time of final platting. 7. All costs associated with this development regarding internal public improvements shall be the sole responsibility of this development. 8. Park dedication requirements shall be satisfied as recommenaed by the Eagan Park Commission ana approved by the City Council. r. 9. The developer shall submit for staff approval a detailed landscape plan providing for a solid screen for the approximate 450 foot area where the proposed internal street parallels Pilot Knob Road prior to the approval of the final plat, and a landscape bond shall be established by City staff and„ provided by the developer at time of staff review. 10. The developer shall provide a name for the proposed internal street. - 11. All provisions of Eagan's Shoreland Ordinance including density shall be met prior to the approval of the final plat. 12. The minimum setback.requirements for parking areas shall be met prior to approval of the final plat. 13. The preliminary plat shall be approved by .the Dakota County Plat Committee, prior to the approval of the final plat by the City. 14. A detailed landscape plan for the multiple dwelling area shall be submitted to the City staff and approved prior to the issuance of any building permits. 15. The developer shall submit covenants for review and approval by City staff for the lots on Towerview Drive to insure compatibility of use and design with the homes currently existing on Towerview Drive. 16. The developer shall establish a townhome units for review and approval by City units to separate owners. /33 12 homeowners association for the staff prior to the sale of any APC Minutes July 23, 1985 17. City staff, the developer and neighbors shall study and discuss the feasibility of moving the road to the east or west at its intersection with Towerview Road and the location of the' road shall be established as recommended by City staff, prior to the approval of the preliminary plat by the City Council. McCrea stated that she believes that the Department of Natural Resources should review the density of the proposal before the City approves it. Voting in favor of the motion were Wilkins, Hall and Wold; voting against were Trygg and McCrea; and abstaining was Harrison. The motion passed. SUN CLIFF THIRD ADDITION - PRELIMINARY PLAT Chairman Hall convened the public hearing regarding the application of Robert Carlson for preliminary plat approval of Sun Cliff Third Addition, • consisting of 13.5 acres and containing 5 duplex Lots and 4 multiple buildings with a total of 48 units in pa t of the northwest quarter and northeast quarter of Section 29. Dale unkle introduced the application and reviewed the staff report of July 17, 985. The a veloper, Robert Carlson, appeared and stated that Patrick Hoffman d Chuck W nden were also present. Carlson stated that there would be no sha ed hallw ys in the multiple units, that all of them would be for sale, that th re will a three types of models ranging in price from approximately $60,000. 0 to a proximately $100,000.00, that there will be sixteen 1 1/2 bedroom units with 50 square feet, sixteen 2 -bedroom units with 1,096 square feet, andVwuld en 2 -bedroom plus den units with 3 baths and 1,500 square feet. He sthat the double bungalow units would each have 1,064 square feet and therbe good sound proofing in all of the buildings. Jay Tscherne, a neighboring own r on the east side of Blackhawk Road, appeared and stated that he had bee ass red by City staff that there would no • further access on Blackhawk Road ne r Co my Road 30, that the proposed access would come out very close to hi home nd that traffic would face his house directly, Jim Ashworth, a neighbo ing re ident at 4235 Blackhawk Road stated that the proposed access along B1 ckhawk oad cuts across.the bike path, that there could very well be floo ng in th area, as his neighboring property, just to the south, has been floo ed, that ees around the ponding area could be lost, and that aesthetically, the prop sal looks all right. Rich Hefti stated that he was not at t e hearings elating to the assessments and was therefore unaware of comments at might hav been made by City staff relating to the access. He stated that the access wo ld need to be 300 feet from the intersection in order to have proper stacki g distance from County Road 30. Runkle stated that the road could be shifte somewhat. Ashworth stated that Tom Colbert and Bob Rosene had stated that the a would be no more accesses in that area and that all accesses from that p operty would come off of Beaver Dam Road. Tscherne stated that it is almost impossible to cross County Road #30 and Blackhawk, and Hefti stated that the County had assured him that a 4 - way stop at, that intersection would be permanent until it is signalized, within the next five years. /3/ 13 MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: DALE C RUNKLE, CITY PLANNER DATE: SEPTEMBER 11, 1985 SUBJECT: UPDATE ON LEMAY LAKE HILLS - PLANNED DEVELOPMENT & PRELIMINARY PLAT The applicant has resubmitted a site plan, for the above referenced project, showing the relocation of the access road to Lemay Lake. The access road was shifted westerly and has been aligned between the two homes on the south side of Towerview Road. This road location should now be in a place that will minimize the impact on the adjacent residents. The applicant has also informed Staff that they can meet the City criteria for street grades within this development. This would mean a 2% landing area and a maximum of a 7 - 8% slope coming into this project. With the applicant meeting this criteria for street grades and access, the impact on adjacent residents would be minimized. In review of the August 20, 1985 City Council minutes, it appears.: that these two items were the only issues of concern and hopefully have been addressed with this revised site plan. Also, the City has received a petition from the residents of Towerview Road and Quarry Lane expressing their concern regarding the access road as it was originally proposed. Please find attached . to this memo the petition submitted to the City showing their concern as to access for this development. I trust this will address the items of contention from the August 20th Council meeting. If anyone would like additional information that was not provided in this memo or the original staff report, please advise so that this information can be provided. Sincerely, Dal Runkle DCR/jbd attachment /3s 0 LU O IN LEWY'S LAKE PILOT K 8 Om 0 1 txisnNc Hows ce- E5 I I. I —j— CSDI':iLSIGXE• ), RHJI•:CT T!D•: CITY PLANNEI:S SLGGE6TION THAT LE)LIY LAIO•: DEVELOP ENT ROAD SHOULD EXIT ON OR NEAR QU,UtRY ROAD. 1E BELIEVE A ROAD NEAR PILOT KN011 WOULD BETTER INGRESS AND EGRESS POLICE AND FIRE PROTEC - TION AND LESSEN IMPACT ON THE PRESENT RESIDENTIAL NEIGHBORHOOD. ��v reN ee _fry 7,a o To&vr/.'v1�'rr /a 7,5- 7ewceu,...v Ri). is 33 Q �� 3169 (j t 3Sz /J& oz aL�� 1-37 2n I N 13a9 T F-eC I3 j39 1`7 V� ! ,3 35 Q u.cut� o�2e 3/30 f,/at l-ho� - 138' • 0 NORTH uE: 1 . SIT j i I . n.n 7ESCRIPT ON ixa+xe $a ET. -- w.w .. LEMAY'S LAKE L. 2 QUARRY LN 1 T ,' �� , •'a u DRAINAGE EASEMENT 1/ ` •: o •ori i ��� �1 a 160057 53.700 aosr. SIX / 6 a,.,, .✓ i S:a 525 avc Lpao anr[ G W Sae» SO. rt. 375 SQ FT. �8li i. \•e 1✓`___ --- _~\ ';_•�../ 6 Cv^Y I I 16.725 SO. IT. \ jI e` • 56,625 5a Ft / p O j .N \ ` 6.,900 Spvr. l;i.1 36.100 as rt. �I I .: •f : \ \ III li l f \�, ' • 7.1x5 aa.7r.\ \ 11 Y �T- ---- - - 4 Ia1NU. f IRNDRffORV[VORf PRELIMINARY PLAT OF 42v-4 2)11515f� 7[..x5 mrt. BLOCK J Ij \ Y[OPOaEO I STREET \ III I I { 22.625 $a rr. 1 , Iii I e•vaRm fM/.'fY/ MOm a+'a -- — PILOT- KNOB ROAD---- — PRELIMINARY PLAT OF 42v-4 2)11515f� Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-two SPECIAL PERMIT/DADCO DIVERSIFIED A. Special Permit for Dadco Diversified to Allow an Outside Freezer, Sibley Terminal Industrial Park -- An application was submitted requesting a special permit for a portable freezer located on Block 2, Lots 2 and 3 of Sibley Terminal Industrial Park. For additional information on the item, refer to the City Planning Department report; a copy is enclosed on pages jq{ through /43 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special permit for an outside freezer at Dadco Diversified. 10 CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: DADCO DIVERSIFIED LOCATION: L 2 & 3, BL 2, SIBLEY TERMINAL INDUSTRIAL PARK EXISTING ZONING: LI, LIGHT INDUSTRIAL DATE OF PUBLIC HEARING: SEPTEMBER 17, 1985 DATE OF REPORT: SEPTEMBER 11, 1985 REPORTED BY: JIM STURM, PLANNER I • APPLICATION SUBMITTED: An application has been submitted request- ing a Special Permit for a portable freezer located on Block 2, Lots 2 and 3 of Sibley Terminal Industrial Park. COMMENTS: As you may recall, a similar application to locate this portable freezer at the Country 66 Station was denied at the August 6, 1985 City Council Meeting. The applicant now wishes to locate this 8' X 9' X 28' portable freezer at Roadway Customer I Trailers on Terminal Drive. This is completly within LI (light industrial) zoning, west of Highway 13, and should have no impact on the residential areas east of Highway 13. If approved the Special Permit shall be subject to all applicable ordinances. 0 UZI 6j, j1 8 _.o _ UZI 6j, j1 pp1•�1� T W Stinar Corporation Bldg. 1 HIGHWAY 13 r.. 3x8x28 FREEZER overhang) ROADWAY CUSTOM TRAILERS 3248 TERMINAL DRIVE Agenda Information September 17, 1985 Page Thirty-three Memo City Council Meeting SPECIAL PERMIT/SUNSHINE CONSTRUCTION/TEMPORARY ADVERTISING SIGN B. Special Permit for Sunshine Construction to Allow a Temporary Advertising Sign -- An application has been submitted requesting a special permit for an advertising sign located on church property southeast of the intersection of Deerwood Drive and Pilot Knob Road. For additional information on this item, refer to the Planning Department report; a copy is enclosed on pages l 5 through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve a special permit for an advertising sign for Sunshine Construction Company. /9 CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: SUNSHINE CONSTRUCTION COMPANY LOCATION: SA OF SECTION 22 EXISTING ZONING: P.F., PUBLIC FACILITIES DATE OF PUBLIC HEARING: SEPTEMBER 17, 1985 DATE OF REPORT: SEPTEMBER 11, 1985 REPORTED BY: JIM STURM, PLANNER I APPLICATION SUBMITTED: An application has been submitted request- ing a Special Permit for an advertising sign located on church property southeast of the intersection of Deerwood Drive and Pilot Knob Road. COMMENTS: The subject sign is located on St. John Neumann property and is already in place. At this time there appears to be an error in the minimum setback from Pilot Knob Road. The sign II must be 10' from the 75' right-of-way. It is a two surface sign measuring 4' X 8' for a total of 64 square feet. The one time sign fee of $2.50 per square foot will be required. If approved the Special Permit should be subject to all required • setbacks and applicable sign ordinances. I V5 tel\I AT I /4 0 • S CO?Y OR LCGO .._ Cl.'S- CM f3 u,LY hla nPS �rsTo �1 fP \� CF wpo DeJ C C— [3.112c H PH SIC s�r�.�,we FRin YN L- ci 0'S 431-2.200 S Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty -Four VARIANCE/TILSEN HOMES C. Tilsen Homes for a 5' and 10' Variance for a Corner Lot in Wilderness Run 6th Addition, Lot 1, Block 1, Located at E. Balsam Trail and Carlson Lake Lane -- A request for a variance was received from Tilsen Homes for a 5' and 10' corner lot variance in Wilderness Run 6th Addition, Lot 1, Block 1. For additional information on this item, refer to the City Planning Department report found on pages � through /57i. _ ACTION TO BE CONSIDERED ON THIS ITEM: variance as requested by Tilsen Homes. • • To approve or deny the CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: TILSEN HOMES, INC LOCATION: WILDERNESS RUN 6TH ADD. (NWn OF SEC 27) EXISTING ZONING: R-1, SINGLE FAMILY DATE OF PUBLIC HEARING: SEPTEMBER 3, 1985 DATE OF REPORT: AUGUST 28, 1985 REPORTED BY: JIM STURM, PLANNER I • APPLICATION SUBMITTED: An application has been submitted for front yard variances of 5' and 10' on a corner lot (Lot 1, Block 1) in the Wilderness Run 6th Addition. COMMENTS: The Wilderness Run 6th Addition consists of 6 blocks and 94 single family lots. Carlson Lake Park abutts the subject lot to the south and. west of Carlson Lake Lane. The City Code calls for 2-30' front yard setbacks on corner lots. The applicant is requesting these variances in order to save an existing oak tree on the hillside, near the center of the lot. There is a slope of roughly 33% from the high point (in the N.W. corner) to the water's edge in Carlson Lake Park. The proposed entry drive, which is 5' from the property line, will be from East Balsam Trail to a tuck under garage. • If approved, the variance should be subject to all other City ordinances and requiremnets. 10 0 0 L.�CyAL. �ESck}�7ion} W ILDEQ►\)F-SS QUNJ SIXTH ADDFT►O►J -A A <- A w I (--')A S,' r-ct-A rn' a }-r'•.1 151 V.RB _LiMC kQOT= ']c ALE % "►���20-0 NA I I � 1 I I V NA l� V �I I „ l� V Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-five EAGLES NEST PROJECT D. Gene Bassett Realty, Request for a Modification to the 100% Handicapped Occupancy Requirement for the Eagles Nest Project -- At the June 18, 1985, City Council meeting, the Eagles Nest Village project allowing for the construction of 14 townhouse units was approved. As a part of that project approval, the City Council adopted a condition requiring that 1008 of the units be owned by handicapped or disabled persons. The developer, Gene Bassett, representing Gene Bassett Reality, is requesting a modification to that condition that would change the housing concept back to 508 handicapped and 508 nonhandicapped. According to a letter enclosed on page 1511 , Mr. Bassett is stating that the City Council did adopt at its December 28, 1982, meeting a concept whereby 508 would be handicapped and 508 nonhandicapped. The City staff has researched those minutes and is unaware of specific action on the part of the City Council to reduce the 1008 criteria for disabled occupants. Enclosed is the letter as referenced above along with several other attachments that were sent by Mr. Bassett for review by the City Council. P. 155 -159) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request ii by Gene Bassett Reality to reduce the 1008 requirement for handicap- ped in the Eagles Nest Village project to 508 handicapped and 508 nonhandicapped. U 1�3 September 9, 1985 Mr. Tam Hedges Eagan City Council City Hall 3830 -Pilot Knob Road Eagan, MN 55122 • Dear Mr. Hedges: We are requesting the City Council review the requirement Eagle's Nest Village which requires 1008 of the 14 units handicapped. As we stated at the Council meeting when we plat approval, the handicapped person who is semi-independent in a totally handicapped environment. In fact, the very handicapped people want to own their own homes, makes them into society and not just a handicapped housing project. the Council placed on to be occupied by the obtained preliminary doesn't want to live reason that makes these want to be integrated In the public hearing held December 28, 1982, when we received approval to reduce the size of Eagle's Nest Village from 32 units down to 18 units, we also requested a change in the percent of units housing the handicapped. We proposed the original concept for, Eagle's Nest be changed from 1008 of the units being for the physically handicapped to half the units being for the physically handicapped. I have attached the letter from Dale Runkle that outlined the above changes in • 1982. Based on this approval in 1982, we proceeded with our current 14 unit proposal. That was approved by the City Council on June 18, 1985. As part of the approval, however, the City Council changed the concept back to 1008 of the units to be owned by the handicapped. We have determined that the economics of a 1008 handicapped project as well as the undesirable social aspects of a totally handicapped environment will render this project unfeasible. Therefore, we are requesting the City Council consider changing the housing concept back to 508 handicapped and 508 non -handicapped as was approved in December, 1982. We would like to add that all 14 units shall be constructed to be accessible to the handicapped person. Also, we have included letters from specialists in handicapped housing stating that in today's world, many handicapped people prefer not to live in 1008 handicapped housing projects. Sincerely, Gene Bassett GB:JE Enclosures /JCJZ/ 8900 Penn Avenue South • Suite 200 9 Bloomington, Minnesota 55431 0 Phone (612) 884-8975 CITY OF EAGAN SUBJECT: AMENDMENT TO TFE EAGAN HILLS WEST PLANK DEVE7IJPP= APPLICANT: BETTY BASSETT LOCATION: IOTS 101-104, BLOCK 1, MEADGWTAN 1ST ADDITION EXISTING ZONING: PD (PLANNED DEVELOPENT DISTRICT) DATE OF PUBLIC HEARING: DECETIDE�2 28, 1982 DATE OF REPORT: DARER 23, 1982 REPORTED BY: DALE C. Kz=, CITY PLANNER APPLICATION SUBMI=1 : An application has been submitted requesting and clari- fying an amendment to the Fagan Hills West Planned Development. This amendment would include a requestto change the 32 -unit Eagle's Nest Hare for the handi- capped to an 18 -unit facility for the handicapped. Secondly, the request has been submitted to clarify the underlying zoning of Lots 101-104, Block 1, Mea- dowlands 1st Addition. The application has been submitted requesting an R-2 (Residential Double District) for Lots 101-104, Block 1, Meadowlands lst Addi- tion. W T.T2471-S As you may or may not recall, the Eagle's Nest Hane facility consisting of ap- proximately 32 units for the handicapped has been an agreement between the City of Eagan and Betty Bassett since Septenber 7, 1976. This agreement spells out that approximately 30 units could be constructed and that all State requirements • have to be met for this facility. Enclosed is a copy of the agreement dated September 7, 1976 for your review. At the present time, it is staff's understanding that Mrs. Bassett wishes to re- visc_ this pa--ti.:.:lar agreu,ent tO allow her the flexib:ili CV to provide a home for the handicapped on a smaller scale than what was originally approved. Due to the state of the economy and State aid and funding, it is staff's understand- ing that 32 units is just not feasible to construct at this time. Mrs. Bassett has indicated that her intentions are still to construct whom for -the handi- capped which would now consist of approximately 18 units of .Auch 8 or 9 units would be set up for the physically handicapped and 8 or 9 units would be for support people to help take care of the handicapped units. The total number of units would be 18 vs. the 32 originally approvea. It is also staff's under- standing that the design would keep the same characteristics but just be reduc- tal units in order to offset the cost of the handicapped facilities, If the Advisory Planning Commission elects not to agree to this amendment, Mrs. Bassett still has the original proposal whereas she could still construct a 32 -unit Eagle's Nest Home for the physically handicapped. G55 aF TH f MINNESOTA STATE COUNCIL FOR THE HANDICAPPED m Metro Square, 7th & Robert St., Suite 208 • St. Paul, Minnesota 55101 op _.. •_�R� 612.296.6785 1-800-652-9747 — Toll-free Statewide Voice & TTY August 28, 1985 Eagan City Council City Hall 3830 Pilot Knob Road Eagan, MN 55122 To Whom It May Concern: We have been contacted by Mr. Jim McMahon concerning a townhouse complex which he is •developing in the City of Eagan. It is my understanding that all of the units in this complex are to be accessible to disabled people and that the City Council of Eagan has stipulated that all of these units are to be sold to disabled persons or to those who will have a disabled person living with them. I would like to commend both Mr. McMahon and the City Council for the concern you are showing for the housing needs of people with physical disabilities; it is a refreshing change from what we often find. You should be aware, however, that disabled people - like others - differ greatly in their housing desires. Some would prefer to live together with other disabled people, who may share their outlook and some of their concerns, while others would rather live in a more integrated setting in the community. For the latter, a complex where all the units are occupied by people with disabilities is a kind of handicapped ghetto. I gather that Mr. McMahon has talked to several disabled people in Eagan who prefer the more integrated approach. In view of these differences, I believe it would be wise if the City..,Council allowed somewhat more flexibility in filling the units. Certainly Mr. McMahon should make every effort to advertise the availability of these units to the handicapped community •(e.g. by flyers to advocacy groups and service providers) before making them available to others. If enough disabled people indicate an interest, that is fine. But if after reasonable efforts there are still units available, I see no reason why they should not be offered to non -disabled people. If that is done, disabled people who want to live together in community with others who have disabilities should be satisfied because there will be a number of their peers in the complex. Likewise, those who want more integrated housing may be happy because the complex will not be occupied solely by disabled people and their families. Let me say again how nice it is to see your concern for meeting the housing needs of disabled people. I hope the approach I have suggested will help to meet the widest range of needs. Sincerely yours, o ,Or st�om Community Program Specialist KES:Ic cc: Jim McMahon /66 AN EQUAL OPPORTUNITY EMPLOYER Veterans Administration August 28, 1985 City of Eagan c/o M. c. R. S. P. 0. Box 24427 Apple Valley, �13N Gentlemen: Industries, Inc. 55124 Regional Office and Insurance Center Bishop Henry Wnipple Federal Building Fort Snelling St. Paul MN 55111 In Rei Refer To: 335/263 As the Special Adapted Housing Agent for the local Veterans Administration Regional Office, I have conducted numerous interviews with parapalegic veterans about their housing plans. The veterans have stated to me that they want to live in the mainstream of society vs segregated housing due to their disabilities. Sincerely yours, GLNNAR G. NORDHEIM Realty Specialist SAH Loan Guaranty Division (612) 725-4056 167 • U Courage Center 3915 Golden Valley Road • Golden Valley. Minnesota 55422 • (612) 588-0811 .September 9, 1985 City of Egan Ladies/Gentlemen: We understand that you are considering a building permit for the construc- tion of 14 town houses to be constructed by Mc R.S. Industries, Inc. and that you are requiring that each unit be accessible to and useable by the physically disabled. As one who has been involved in housing for the disabled for 19 years, please allow me to suggest that this requirement is excessive. Disabled people do not want to be segmented or set apart from the rest of vur soci- ety. They, just like you and me, want the privilege of .selecting their • homes in accordance with their needs, desires and economic ability. They do not want to be segregated. They want to live among able-bodied people and be accepted for their abilities and not their disabilities. That is why Chapter 55 of the State Building Code requires that all new apartment - type construction of eight or more units provide for the disabled in 5% of the units with a minimum of one. It is true that there are several all - disabled apartment buildings in the Twin City Area and they are all full. This indicates that dispersed housing has not yet caught up with the need. Most disabled people are residing in these special residential facilities because nothing else is available to them. Down the road somewhere , the dispersed housing supply will meet the demand and you will see the disabled leaving the all -handicap projects and moving into living situations that are normal. I deeply admire your concern that disabled people have proper residential alternatives available to them but I do think that it would be a mistake to set up a "ghetto" in your community. That would be complete and total • segregation and I'm sure you don't intend this to happen. i Town houses are, as I recall, exempted from the requirement of Chapter 55 of the State Building Code. McR.S. Industries is to be commended for its willingness to provide for the disabled in this project when not required by State Law. I fully agree with their contention that 50% of the 14 units constructed for the disabled will meet the current needs and will avoid the image of segregation. In closing, may I suggest you talk with Richard Brooks -in the State Build- ing Code Office. He was a member of the Technical Advisory Committee which put Chapter 55 together and can provide further enlightenment on this subject. Most sincerely, William B. Hopkins Public Affairs Director WBH/rmk /,b Courage Center is a nonprofit organization providing medical and vocational rehabilitation, recreation, sports. camping. T educational programs and residential services to people with physical disabilities and speech. hearing and vision impairments. �� • YEYBfe Of M...0. EIIJNCYL NEI . September 10, 1985 Eagan City Council Ladies & Gentlemen: COLDWELL BANKER RESIDENTIAL REAL ESTATE SERVICES ROSEVILLE BRANCH OFFICE _ 2065 N. RICE STREET ROSEVILLE. MN 55117 16121487-1492 It is indeed encouraging to find a community interested in the provision of decent and affordable housing for persons with disabilities. • My experience in selling to the handicapped community is telling me that one level patio homes with attached garages are indeed a desirable option. However, it must be recognized that handicapped persons with sufficient income to purchase a home with market rate financial terms are very unlikely to choose to be in a group of -only handicapped homeowners, just like others ... such as all Norwegians,computer operators, attorney, etc. Again, however, if the community is in a position to offer . prospective handicapped purchasers reduced interest rates through f • bond issue ... or subsidized monthly payments or other incentives then we would be more apt to see handicapped persons willing to live in a group setting. . Independent living is the goal of every handicapped persons, and that includes owning a home of our own. Congratulations for your community's interest in the welfare of the handicapped community. Sicicefely, ROSEMARY YOUNG Sales Executive /5f Agenda Information Memo September 17, 1985 City Council Meeting Page Thirty-six RECEIVE BIDS/AWARD CONTRACT A. City Contract #85-23, Receive Bids, Award Contract (City Project No. 414 & 423 - Alternate) -- We opened sealed bids on Friday, September 13, 1985, for City Contract 85-23. This contract provided for street reconstruction of Pine Ridge Drive under City Project 414 and new street improvements for Group W Addition under Project 423 - Alternate. The apparent low bidder is McNamara Contracting. Their base bid is $127,312.50. Our consulting engineer is checking the unit price extensions for their accuracy and will be able to confirm their accuracy by Tuesday night. (P. /61) The total base bid for Project 414 is $46,466.50. This is 3.1% under the feasibility report estimate. The total base bid for Project 423 - Alternate is $80,846.00. This is 31.7% greater than the feasibility report estimate of $61,375.00. Most of this increase is due to the increase of the scope of this project resulting during the detailed design process. Our consulting engineer can provide more detail for the Council if the Council so desires. Because the bids for Project 423 - Alternate are so far in excess of the feasibility report, staff will attempt to contact all three affected parties prior to recommending award of this project. Staff anticipates accomplishing this by Tuesday evening and • will report to Council their findings. 140 • CONTRACTORS 1. McNamara Contracting 2. Valley Paving 3. Bituminous Roadways 4. Alexander Construction 5. Arcon Construction 6. M. Danner Trucking 7. Lund Asphalt Construction Our File No. 49328 CITY CONTRACT No. 85-23 PINE RIDGE DRIVE STREET RECONSTRUCTION CITY PROJECT No. 414 STREET IMPROVEMENTS tOJECT No. 423 - ALI EAGAN. MINNESOTA BID TIME: 10:30 A.M., C.D.S.T. BID DATE: Friday, Sept. 13, 1985 TOTAL BASE BID 127,312.50 132,682.50 143,843.00 175,925.95 No Bid No Bid No Bid Proj. 414 Proj. 423 Alt. Total Base Bid — - $46,466.50 $80,846.00 ENGINEER'S ESTIMATE-- 47,800.00 72,200.00 Feasibility Report Estimate— 47,970.00 61,375.00 % (+) or (-) Engineer's Est.— -2.8 +12.0 % (+) or (-) Feasibility Report -3.1 +31.7 /6( MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 13, 1985 SUBJECT: INFORMATIVE NATIONAL LEAGUE OF CITIES CONFERENCE The National League of Cities Conference is scheduled for the first week in December in Seattle. There has been discussion at recent workshop sessions regarding the attendance by a member of the City 'Council at that conference to participate in the NOISE workshops and other programs. If any member of the City Council would like to attend, it is necessary that reservations be made as soon as possible. HOUSING UPDATE Enclosed on pages L through Y& is a copy of the August status report for the assisted housing' programs in Dakota County and community development programs that are administered by the Dakota County HRA. BOND RATING The City is anticipating the sale of approximately 5 to 7 million dollars of General Obligation Bonds during the month of November. The City has not formally presented management information to Moody's and Standard & Poor's since 1983. At the recommendation of the City's Fiscal Consultant, Mr. Ernie Clark, it is advised that • meetings be scheduled at Moody's and Standard & Poor's during the month of October to review the City's bond rating. Mr. Clark is optimistic that the City could improve its rating from an A to an Al this year. Jim Smith is available for the trip on October 21 and 22 which consists of one night and meetings on both days. The Director of Finance would accommodate City Councilmember Smith and Mr. Clark to New York City. The City Administrator will be vacationing in Washington D.C. that week prior to the Philadelphia Conference and is available to participate in the meetings on Monday and Tuesday. PILOT KNOB ROAD/MEDIAN SOUTH OF DIFFLEY ROAD At a recent City Council meeting, questions were raised as to whether a policy had ever been considered that would exclude medians on Pilot Knob Road south of Diffley Road. Staff has researched minutes and is unable to find any such policy. However, in a letter dated May 31, 1985, from staff at the Metropolitan Council to Dakota County and the cities of Eagan and Apple Valley, a Project Development Report for the improvement of Pilot Knob Road from County Road 38 to I -35E provides the following statement: "The proposed project includes grading, drainage, aggregate base, bituminous surfacing, concrete curb and gutter, storm sewer, a 1lo7i Informative Memo September 13, 1985 Page Two sidewalk on the east side of the roadway and an eight foot separated trail along the west side of the road. The design for proposed highway upgrading is a four -lane, undivided urban highway with left turn lanes and signal light intersections at CSAH32 (Cliff Road) and CSAH30 (Diffley Road)." Conduit for future signalization will be placed at other key intersections. The improvement is proposed for the segment of CSAH31 line between CR38 and the interchange with I - 35E which is approximately four miles in length. TAX FORFEIT PROPERTY At the February 19, 1985, City Council meeting several tax forfeit properties were reviewed to determine whether parcels should be retained by the City of Eagan. It was decided by the City Council that two (2) parcels would be retained for City ownership. One parcel was described as Outlot E in Surrey Heights 4th Addition which, according to Director of Public Works, could be used as public right-of-way to maintain the integrity of Federal Drive between Surrey Heights Drive and Yankee Doodle Road. According to jj the Director of Finance/City Clerk, the City has received conveyance from the State. The other parcel located in the Blackhawk Hills Addition was to be retained for future park land dedication. However, it was subsequently discovered by the County that this parcel has been built on and would more than likely be reclaimed by the owner. VOLKSWAGON REPAIR/WRECKED CAR SALVAGE LOCATION ON HIGHWAY 149 • At a recent City Council meeting questions were raised about a Volkswagon Repair Shop and wrecked cars off of Highway 149. Please refer to the attached memo from Administrative Assistant Hohenstein for an update on these two issues. This memo can be found on pages) '/6 CITY CELEBRATION FINANCIAL STATEMENT Enclosed on page /it is a statement of cash receipts and disbursements for the City Celebration through August 31. POLICY STATEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Enclosed on pages 1-G - through L/6 is a copy of the Policy Statement for the Community Development Block Grant Program for 1986. The City Planner will be at the City- Council meeting on Tuesday and if the City Council has any questions or comments regarding the policy statement, a brief review would be appropriate. 163 Informative Memo September 13, 1985 Page Three LETTER CITY OF MENDOTA HEIGHTS Enclosed on page L;5_ is a letter of appreciation from the City of Mendota Heights regarding the IDB Entitlement Allocation. SPECIAL CENSUS Enclosed is an update from Administrative Assistant Hohenstein • regarding the cost and final determination for the Special Census. (p.Q,) MASAC MEETING Enclosed is a memorandum from Administrative Assistant Hohenstein on pages /11 through /If and a review of a number of issues that were reviewed at the most recent MASAC meeting. It is anticipated that the next Airport Noise meeting will be held at 4:30 p.m. on Thursday, September 19. I I IDB ENTITLEMENT ALLOCATION Enclosed on page /%9 is a letter that was sent to the State Department of E omic is which provides a good summary for City Council purposes as to how the City of Eagan's entitlement allocation was disbursed. AMM BOARD OF DIRECTORS VACANCY Enclosed is a copy of a letter from the Association of Metropolitan Municipalities asking that a nomination be made for the AMM Board of Directors from a member city in Dakota County. If any member of the City Council is interested in serving on the AMM, I would like to recommend an elected official from another Dakota County community with the exception of Mendota Heights, whose City Manager is on the Board of Directors. Please present the name at the meeting. (P.)90 ) BILL FRENZEL LETTER Enclosed is a copy of a letter from Representative Frenzelout- lining the significance of the meeting Mayor Blomquist attended in Washington D.C. this past Monday September 9. A copy is enclosed on page /V. Informative Memo September 13, 1985 Page Four RESOLUTION REQUESTING REDUCTION OF SPEED LIMIT - WESCOTT HILLS DRIVE At the September 3 City Council meeting, the Council received a petition requesting the reduction of the speed limit on Wescott Hills Drive and approved the passage of a resolution requesting the Commissioner of Transportation to perform a speed study. Enclosed on page Q 'is the resolution that was prepared based on the comments received during discussion of this item. If there are any changes or revisions requested, the Director of Public Works should be informed at the meeting of September 17 prior to execution by the appropriate City officials. E SOUTH OAKS POND - WATER LEVEL STABILIZATION In a continuing effort to try and determine reasons for a contin- uous lowering of the water elevation of the South Oaks Pond located in the northwest corner of Cliff Road and Acorn Street, the Utility Maintenance Division had the sanitary sewer line televised. The results of this televising indicates that there are several II areas where infiltration is occurring at a significant enough rate to justify the costs associated with having this line sealed. Whether or not this will minimize or stop the "leakage" of the South Oaks Pond, can only be determined after continued analysis once this work is completed. However, due to the fact that the City is having to pay for treatment of this groundwater that is entering the sanitary sewer system, the sooner this work can • be completed, the more cost effective it will become. After evaluating the line to be sealed, it is estimated that this main- tenance activity will cost approximately $320. The staff is investigating the potential of recovering this cost through the warranty agreement for Contract 8;,-1 under which this was instal- led. However, as the Council may recall, this contract had to go to arbitration for final settlement and close out. Additional information will be forthcoming when appropriate. /s/ Thomas L. Hedges City Administrator 145 DAKOTA COUNTY ASSISTED HOUSING REPORT AUGUST, 1905 *South St. Paul Administers Separate Section 8 Existing and Low Rent Housing Programs 1 I SECTION 8 1 MODERATE I SECTION 8 NEW I LOW RENT 1 235 HOME 1 236 RENTAL I CURRENT ! I EXISTING I REHAB I CONSTRUCTION I HOUSING I FAMILY I FAMILY I TOTALS GRAXDI CDYMUNITIES -----------------------1------------------I------------T=----1------------TT- I ELD FAMILY TOTALI ELD FAMILY TOTA' I ELD FAMILY TOTALI --I----------------- ELD FAMILY TOTALI 1-m TOTAL I TOTAL I ELD FAMILY TOTALI APPLE VALLEY -----------------------I------------------I------------------I----------------I------------------I-----------I-----------I------------------I I 11 38 49 1 0 0 6 1 0 56 56 1 0 43 43 1 ---------I----------T-1------------------1 0 1 0 1 11 137 148 1 D74'SVILLE 1 58 97 155 1 0 0 8 1 0 87 87 1 0 56 56 1 0 1 180 1 58 420 478 1 --------------I-------------- ASP. 1 30 152 T- Ir----- 182 1 0 .--------"1.-nT--Tr---.-----I----TTT----- 0 0 1 0 33 33 1 0 15 ----- I 15 1 ------- -r --- l 0 1 ---------- --1 144 1 -------------- 30 344 ---- I 374 1 ------------------------ TARMI.GTCN ----------------------I I ------------------ 1 23 ------------------ 47 I ------------------ 70 1 1--- 0 0 I 0 1 ------------------ 75 0 I 75 1 ------------------ 0 2 I 2 1 ------------ I 4 1 ------------I 0 1 ------------------I 98 53 151 1 ASTI.GS ----------------------- 1 56 I ---------------- 136 192 1 I ----------------- ---- 4 T-- --- 12 T ---- I 16 1 I ------------------ 109 ------------------ 0 ! 183 1 ------------------ 0 10 I 0 1 ------------ I 0 1 --------- ---1 0 1 ------------------ 169 158 I 327 1 ..VER GROVE HEIGHTS --- 1 24 I ------------------ 175 199 1 I ------- 0 6 0 1 0 40 I ------------------ 40 1 0 5 I 5 1 ----------- I----- 31 1 -- I 202 1 -----------------I 24 453 477 1 =-- -'— ----- '_CZ-VILLE ----------------------I------------------I-----------------I------------------I------------------1------------I-----------I------------------I 1 13 42 55 1 0 ----------I------------------I----------------!------------I------------I------------------I B 0 1 24 0 24 1 P 6 6 1 2 1 0 1 37 50 87 I LILYDALE -------- ----------- 0 I------------------ 0 0 1 I -------- 0 0 --------- 0 1 I 0 ------------------ 0 0 1 0 0 0 P 1 P 1 0 0 0 I MENDOTA -----------------------I------------------I------------------I------------------I------------------I------------I------------I------------------I 1 2 1 3 1 0 T 0 0 1 0 0 I 0 1 ------------------ 0 0 I------------ 01 I 0 1 ------------ I------------------ 0 I 2 1 I 3 1 'ti':DOTA HEIGHTS --------_---------=------ I 0 I ------------------ 8 0 1 I ------- 0 1 l 1 I 0 ------------------ 12 12 1 0 0 0 1 0 1 0 1 0 13 13 1 405E"C NT 1 9 32 41 1 0 ----------- 0 0 1 39 28 I ------------------ 67 1 0 30 I 30 1 --------- ---1 2 1 ------------ 1-----------------I 0 1 48 92 140 ! -----------------------I----------------I----------------1------------------I------------------I------------I------------I------------------1 SCL'TH ST. PAUL t 1 28 --------- 124 152 1 ----- I 0 0 0 1 0 44 44 1 300 0 300 1 2 1 0 1 328 170 492 ; -.---=--=1--- SUNFISH LAKE ------------- -'.-'--'-I------------------ 1 0 0 ------- 0 1 I ------------------ 0 ---- ----- 0 I 0 1 --------------=--1-=-=-- 0 0 0 1 =----------1-----------1------------1-------n----------1 0 0 0 1 0 1 0 1 0 0 0 1 WEST ST. PAUL ----•^-�-- 1 189 155 345 1 0 5 I 5 1 ----------------- 0 0 I ---------------- 0 1 80 7 I 07 1 ------------ I 0 1 --------- 0 1 I ------------------ 269 168 I 437 1 =---I------------------I------------------I------------------I-----------------I-----------!------------I-----------------I CT4-R -----------------------I------------------1------------------I------------------I-=----------------I----------I------------I------------------ I 1 6 7 1 0 0 01 0 0 0 1 0 0 0 1 0 1 0 I 0 0 --------------------TOTALS 0 1 -- —TOTALS L-443-IM-1450.1---4--_IB--_ 221--247-300.-547 -3B0-174--554-.I.-.-.-..At--.I-_.525_-_I�074_2065_3139 I *South St. Paul Administers Separate Section 8 Existing and Low Rent Housing Programs 1 Brief description of assisted housing programs: 1. Section 8 Existing: Eligible low and moderate income households pay 30% of their monthly adjusted gross income (less an established allowance for uti- lities) for rent in market rate rental units. The Dakota County HRA (or South St. Paul HRA) pays the rest. The rental units must pass federal inspection standards and the rent plus an allowance for utilities paid by the renter, must not exceed established Fair Market Rent limits. Moderate Rehab: The Section 8 Moderate Rehabilitation program offers owners of rental property assistance for making building repairs which will bring their properties into compliance with Housing Quality Standards. The owner, in turn, agrees to rent to households eligible for Section 8 Rent Assistance. The rental of these units is coordinated through the Dakota County HRA and the rent payments for the tenants is the same as Section 8 Existing. Besides the existing units in place, this program is no longer available. Section 8 New Construction: The developers of these units receive a subsidy Tor construction of these units. The owners in turn, are required to rent these units to eligible low and moderate income households. The rental payments for tenants are the same as Section 8 Existing. These rental deve- • lopments are owned by private developers. Besides the existing units in place, this program is no longer available except for Section 202 projects for senior citizens. 4. Low Rent Housing: The Dakota County HRA (or South St. Paul HRA) owns and manages the housing units offered through the Low Rent Housing Program. These housing units are rented to eligible low and moderate income house- holds who pay 30% of their monthly adjusted gross income (less an established allowance for utilities) for rent. 5. 235 Home Ownership: This program offered assistance to eligible low and moderate households for purchasing a home. The program is no longer available. 6. 236 Rental: The developers of these units receive a subsidy for construc- • tion of these units. The owners, in turn, are required to rent these units to eligible low and moderate income households. The rental payments for tenants are the same as Section 8 Existing. Besides the existing units in place, this program is no longer available. 147 _ I 4EATHEFPMRNAT04 I .PFA YCIC IMPROV LGCA I MICA HORS R%AB 'LOAN I M.YFA HOME Eq -15Y ! GAN I 3E•:TW_ ?D!,19 LOU I MG P.EJ AM 1903 IMFFA 6EL:B MIX LON 1 + I ELL --- -----I ELD LC -_LD ^ r, ° G .r -EM_.I TD'AL1 ELD-1--C _ S' T07c I ELD L M i0*A'_I l.rF` S.FG2 LC_IG I -_- --• a IT3i` I 1 L_, 1 Sr.SM( ITD 5 1 n l e l P P I P __I _____I _____1 _..__ _.___ 1 GM iLLF_I PLO LG i °�._I____II____i_____ I r I r VP_LEY 1 ? 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I. .__' __ I __.I_ I_. .__ - e 1 2 1 e I e 1 P I 0 1 0 1 2 1 B 1 e I e 1 0 1 2 1 Q 't 1 Q 1 0 1 9 1 2 1 0 1 0 1 2 1 0 I 1 0 1 0 1 P P 0 1 P P @ _ 2 1 0 1 P ______.__ 0 _ I 12 1 :A C I 1 2 7 _.___,. _CLI __ ___ __ ____ ____ 2 1 P! 2 1 1 1 I C c l r " .• • I _ 1 ! 1 1 1 4 1 7 1..-2 1 e I a I__ p. 1___0 i___0;__.e_'_-__ --------------- v.r•nn^ �1._._ I___.I ____ 1 ____ 1 _..._ 1 1 1 _ ___ _____1 _... .___. L__. 1 _. _. _; _-__. ! ____! ____ __.__ 1 _____ _____ ___. o-____ _____1 ____ ____ __.Oi____.'-----------, '1 1 51 101 151 01 01 !1 II 01 e1 01 CI 01 el PI CI n; CI e! PI CI Q! el-Pl PI CI Dl BI BI-- p PI PI _ ___ ___ _ ___ ____ ___ _ ___ ___ ___ ___ 3.•^l'FLLD I 1 1 11--21--0��-0 f-0-1_-0 T__O-I-_O..i'-01-P 1= -0 -I -.e I ¢ 1 -P I- f 1 7_i---I----I-'-'I'---I-'---I----I---I--I---I -----I--1----!----'�-----' __.__!________.1__.__I-----I-----I_.___I-----I--------------I---------1-----1-----1--- ^ E`._,-_. 2 C 1 P I -e I --.O I-- 0 I 0 1 P i C I 0 1 0 1 P I ¢ I I 1 1 ;• f l I ^' l' I C I C I C I P I C I C I l' I C I _ 1 2 1 : 1 e l C I�--_- -- ---I--- -- ---- - ----- ------ ---I- _..------------ ---`1---`---'-I`---I-----!-----!-----I----- `---1"---I-'-"1-----1." 1-----:-----' - C-1''C'I-- ------C-1 I 8 I fs I "7 P I :: -- - " - 9 1 r _ _ ---1-----1-----I-- P- 61 eI 61 01 CI 61 PI 01 161 161 CI PI C: P! 11 7! 31 41 PI 01 OI 01 J1_II 01 a 11 -------------- I_____ L____ I -__I ___ _.I _____ I ____1 __. __I _____ I __.__ 1 ____;_- I _____ I ____I _-__; _____ p____ L.___ I__._1____.I_____I ----- --- ___ GO--------- -- -- --- I 70 : 172 12n2 2 I C 0 1 C B 1 0 1 P I 0 1 0 1 Q I 0 1 0 1 C I A 0 1 0 1 0! Q I 0 1 4 1 B I @ 0 1 P I 0 1 P P P 2 1 "'------.-L...1'r."--I"--I'----I-"--I-'-I-___"'I`-.-1`---Ic:-c-I---I'._-I-----I---`L-___-I-"-'I-----I----L."I---`!--"-�"'--I-"'-I-'--1-'.--I'-"I--_I__'_-; --CE-R-M-:-L-L--:C3 -- III P III ---7- 11 --"3 'II11C IIII e I e III1 -_-__-_e- 1 2 _ 1I1II=-_-_-_@-_='1IIII e- 11 0 -lIIII1 _-_--e _-_--__CI _-_--__01 CI -2-- ' 11 2 1 I 48 70 I:B I 22 6 1 31 .51 l-3 I _6 _--_-e _-- I1--=L9--p l 13 32 6 I 15 54 125 0 1 0 1 2 1 2 1 1 1 9 CI p l Ie------ ----- -C 74' 1 I SL' 9+•7 ;! .3 3I 23 1 93 !4L E9 I:6 57 l32 I±P 6 1 A3 I Ifs 24 I 1 1 78 f3 87 31 I 94 612 12 1 P I B I A I 2 1 IS I e! 2 1 1 ! I I I I I I 1 I I I I I I I I I I I I I I I I Y . ------------------------------------ TI - Brief description of Community Development Programs: 1. Weatherization: Through a joint effort of the Dakota County HRA and Economic Assistance, low-income homeowners and rental units occupied by low- income tenants are being weatherized to reduce the consumption of precious fuels, promote energy conservation, and reduce the burden of high heating costs on low-income county residents who can least afford rapidly rising utility bills. 2. MHFA Home Improvement Loans: The Dakota County HRA administers this State program as a Title I lender. Loans are made to eligible homeowners (adjusted gross income less than $24,000 annually) for code compliance items and certain general improvements. An interest rate of 3% to 11.5% is charged depending on the applicant's income. 3. MHFA Home Rehab Loan: These loans are made to eligible low-income homeowners adjusted gross income under $7,000 annually) for rehabilitation items that directly affect the health, safety, energy conservation and accessibility of the home. The interest rate is 3% and deferred loans are available to households with adjusted gross incomes under $6,000 annually. • This program is administered by the Community Development staff of the Dakota County HRA. 4. MHFA Home Energy Loan: These loans are made to eligible homeowners for energy items. The interest rate is 8% for homeowners with adjusted gross incomes of less than $24,000 annually and an interest rate 9% for those with adjusted gross incomes of more than $24,000 annually. This program is admi- nistered by the Community Development staff of the Dakota County HRA. 5. Rental Rehab: Rental Rehabilitation loans are available to owners of rental units. There are no income or asset limitations. The loan amount cannot exceed $15,000 per one dwelling unit and for structures with more than one unit the loan limit is $7,500 per unit with a maximum of $37,500. The interest rate on the loan is 11%. This program is administered by the Community Development staff of the Dakota County HRA. 6. CDBG Rehab Loan: Various housing rehabilitation programs have been done • using Community Development Block Grant funds. They have assisted low and moderate income homeowners in making repairs to their homes with low interest loans and grants (grants are no longer available). This program is administered by the Community Development staff of the Dakota County HRA. 7. MHFA Solar Bank: Deferred loans are given to eligible low and moderate income homeowners for energy items. The eligible homeowners are referred from Northern States Power Company and Minnegasco. This program is admi- nistered by the Community Development staff of the Dakota County HRA. 8. 312 Loans: These loans are given to eligible owners of residential struc- tures at an interest rate of 3%. The loan funds must be used to bring the property into compliance with local codes, rehabilitation standards and some types of general improvements. Commercial and mixed use (commercial and residential) properties may apply for loans with an interest rate of 9%. This program is administered by the Community Development staff of the Dakota County HRA in HUD approved target areas. 141 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, ADMINISTRATIVE ASSISTANT DATE: SEPTEMBER 9, 1985 SUBJECT: AUTO REPAIR AND SALVAGE QUESTIONS This memo is intended to respond to the questions you raised regarding the Volkswagon repair shop and wrecked cars off of Highway 149. With respect to the Volkswagon shop, Jim Sturm and I viewed the site and a letter was forwarded indicating concerns about the outside storage and possible screening. The owner is Mr. Melvin Metz who seems cooperative, but has received no complaints . personally. Jim has offered to visit with Mr. Metz and encourage him to screen better and reduce clutter in the yard. Jim indicates, however, that the zoning in the area is light industrial and auto repair is a permitted use. Therefore, Jim will try to encourage appropriate changes rather than force them. As to the salvage vehicles on Highway 149, Captain Geagan indicates that the owners were contacted about the problem and had removed all vehicles for a period of time. They were taken to the Mendota Getty station that then went out of business. This necessitated the return of the vehicles. A second contact has resulted in the removal of some of the vehicles. Seven or eight remain and the owner has promised to move the rest by September 10, 1985. • Ad nistrative Assistant JH/db 170 JULY 6, 1985 CPPV CELEBRATION jag I. caw 1.WG ve' 1 01 Turkey Roast Ticket Sales 5,887.45 Expenses: Turkeys (& use of roasting equip) $1522.92 Potatoes 357.50 Coleslaw 415.00 Cake 557.39 Food & supplies from Ctry Club Mkt 557.28 Misc Supplies & utensils 139.10 Paper plates, cups, etc from Van Paper 241.90 Publicity 279.29 PMP to Mendota Hts Lions Club 500.00 $4,570.38 Em::ess of Receipts over Expenditures $1,317.07 Other Items: REVENUE DLS$[IlRSM&IIS Fireworks: (not counting City donation of $1,000) Donation to City Payments to Eagan 4th of July Association 1589.00 T -Shirts Receipts from Sale 1847.75 Cost of T -Shirts 1536.02 Lone Oak Tree Receipts from sale of wood 203.25 Cost of labels for wood 146.75 Clocks 630.00 Add'n amt from Herb Polzin Memorial fund 482.28 171 r1 U n U MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: DALE C RUNKLE, CITY PLANNER) DATE: AUGUST 29, 1985 SUBJECT: POLICY STATEMENTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 1986 AS you may recall, in the 1985 program there was a great deal of discussion in regard to ranking and prioritizing the Community Development Block Grant applications. With the issues that arose, • the committee felt it would be appropriate to provide policy statements for ranking or prioritizing projects when applications are submitted to the City to review. Enclosed is a memorandum which gives some background as to the rules and regulations of the Block Grant Program and policies that have been proposed by the committee. In essence, if these policies, are adopted by all three of the communities it should minimize the problem of prioritizing projects. This policy should be adopted prior to any applications being submitted for funding. The committee is still recommending the number one priority be projects that benefit all three communities versus a project that_ would only service one or two communities. Therefore, working as a district is still the intent of the committee and is reflected in the policy statements. If no joint or area -wide projects have been submitted, second priority items would then be considered for the communities. • Please review the policy statements and document and if there are any questions or you would like to discuss these policies at either the September 3rd or 17th meetings, please advise. attachment 17y District 3 Committee (Apple Valley, Burnsville, and Eagan) Policy Statment for the use of Community Development Block Grant (CDBG) Funding I. Background: The District 3 Community Development Committee was created on March 27, 1984 pursuant to adoption by the County Board of an Implementation Plan for the use of Community Development Block Grant funds. This Committee is comprised of three members from each of the three cities located in the District. The purpose of the Committee is to: 1) Solicit applications for CDBG funding. 2) To -develop criteria for ranking CDBG proposals. 3) To review those applications approved by the cities in the District and make a recommendation to the County Board regarding which projects • should be funded and for what dollar amount. 4) To oversee the progress of funded applications and recommend reassign- ment of funds if necessary. In order for a project to receive funding (according to federal regulation), it must be an eligible activity and meet one of the following national objectives: 1) Benefit to low and moderate income households. 2) Aid in the prevention or elimination of slums or blight. 3) Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community where other financial resources are not available. As long as the proposals meet one of the above objectives and is an eli- gible activity, it is a permitted project. Since the list of permitted • uses is quite long, it is necessary for the committee to establish a policy governing what is a priority use of these funds in the District 3 area. II. Policy Statement - The following general policies will apply: 1) It is a policy of the Community Development Block Grant Program that any project located within a city must be approved by the city council before the district committee will consider the project for funding. 2) It is also the policy of the committee not to fund projects where CDBG funds are being used to pay for ongoing operational/administrative expenses which are unrelated to capitol projects. 3) The maximum amount of funding any one city applies for cannot exceed the total funding available to the district. 4) It is the policy of the Committee to provide the highest priority to those projects which benefit the residents of all three cities. For example, projects which provide a direct service or benefit to members of all three cities would receive the highest ranking. /73 B. Tier 2 Applications: This would consist of applications that bene- fitted one or two communities and are site specific in nature. Applications in this category would be funded to the extent that there were no Tier 1 applications or to the extent that there were funds remaining after all Tier 1 applications were funded. If there was more than one Tier 2 application, applications would be ranked on the following criteria: 1) Low and Moderate Income Benefit: The number of low and moderate • income households directly benefiting per $10,000 of CDBG funding. The larger the number of households benefiting, the higher the ranking. 2) Levera a Ratio. The amount of private or public non-CDBG funds contrr ut the project compared with the amount of CDBG funds requested. The higher the amount of private funds contributed, the higher the ranking. 3) Past Performance. The extent to which past funding for this pur- pose has been expended. The project would rank higher if there was either no past money appropriated for this purpose or if funds had been appropriated and they were fully committed. 17 / -2- Given the priority for area wide projects, the following priority system will apply: % A. Tier 1 Applications: This would consist of projects that in addition to meeting federal Community Development Block Grant regulations, pro- vide a direct service/benefit to residents of all three cities. If there was more than one Tier 1 application, projects would be ranked on the following criteria: 1) Low and Moderate Income Benefit. The number of low and moderate income households directly benefiting per $10,000 of CDBG funding. The larger the number of households benefiting, the higher the ranking. 2). Leverage Ratio. The amount of private or public non-CDBG funds contributed to the project compared with the amount of CDBG funds requested. The higher the amount of private funds contributed, the higher the ranking. • 3) Past Performance. The extent to which past funding for this pur- pose has been expended. The project would rank higher if there was either no past money appropriated for this purpose or if funds had been appropriated and they were fully committed. Each of the above three criteria will be given equal weight. B. Tier 2 Applications: This would consist of applications that bene- fitted one or two communities and are site specific in nature. Applications in this category would be funded to the extent that there were no Tier 1 applications or to the extent that there were funds remaining after all Tier 1 applications were funded. If there was more than one Tier 2 application, applications would be ranked on the following criteria: 1) Low and Moderate Income Benefit: The number of low and moderate • income households directly benefiting per $10,000 of CDBG funding. The larger the number of households benefiting, the higher the ranking. 2) Levera a Ratio. The amount of private or public non-CDBG funds contrr ut the project compared with the amount of CDBG funds requested. The higher the amount of private funds contributed, the higher the ranking. 3) Past Performance. The extent to which past funding for this pur- pose has been expended. The project would rank higher if there was either no past money appropriated for this purpose or if funds had been appropriated and they were fully committed. 17 / Administrative Offices OF MENDOTA HEIGHTS September 3, 1985 Mayor Bea Blomquist and Members of the City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Blomquist and Council: • On behalf of our City Council, I want to extend sincere thanks for your authorization allowing us to use $3.2 million of your 1985 industrial develop- ment bond entitlement. As I believe developer Larry Lee explained, the bond authority will be used for a "high-tech/high-touch" conferencing facility near the intersection of Highway 110 and Lexington Avenue. This development should be a strong asset not only to Mendota Heights, but to all of northern Dakota County. We especially appreciate and acknowledge the spirit of cooperation exem- plified by your action. We look forward to working together at promoting high-quality business development in our area. RGL:madlr 175 Sincerely, �j )Utx ` � • Robert G. Lockwood Mayor 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452-1850 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN DATE: SEPTEMBER 4, 1985 SUBJECT: PRELIMINARY CENSUS COUNT For purposes of informing Council of the results of the Special Census, we have received a form from the Census Bureau entitled the Preliminary Census Count. Eagan's preliminary census count is 30,479 persons as of the month of August, 1985. These persons are living in 10,894 occupied housing units and there are 648 vacant housing units. If the 648 units were to be occupied at a rate comparable to the city—wide multiplier of 2.8 persons per housing unit, total population would reach 32,293 persons. Since many of the vacancies are homes under construction, the City may expect to approach 32,000 persons by the end of • 1985. LJ The field work for the census was completed on schedule and the cost of this segment of the census process came in at $2,861.51 below the estimated contract amount. If the enumerators' bills are approved by the Council, the City will -- have expended $28,472.49 on the Special Census to date. The,remaining $10,310 will be invoiced at the end of the census process, upon return of the official census count in six to eight weeks." All things considered, the results of the Special Census tend to support the standard multiplier the City has been using to estimate population throughout the past several years. This information will be especially useful as it is applied to the large number of housing units which continue to be built. Moreover, the certified number will have the expected impact on population driven government aid. t Admin' rata a Assistant JH/dk l76 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR DATE: SEPTEMBER 4, 1985 FROM: JON HOHENSTEIN, ADMINISTRATIVE ASSISTANT SUBJECT: AUGUST 27, 1985, MASAC MEETING The important issues at the meeting from Eagan's perspective consisted of three items. These items were comments concerning the northern Eagan flight corridor, Commissioner Del Calzo's proposed metropolitan tax for stage three purchase incentives, and the Part 150 Study of airport operations. I. North Eagan Air Corridor - In answering a question by a Minneapolis resident, FAA Director Les Case indicated that departing aircraft using • the parallel runways fly the extended center lines of the runways for a distance of approximately four miles before beginning any turns. I am not certain whether he meant parallel departures over south Minneapolis or those over Eagan - Mendota Heights. If he means the latter, this is not consistent with our understanding of the 105 degree departure heading. Moreover, Otto Leitner contacted me on Wednesday morning to indicate that planes are consistently flying south of his location on Burnside Avenue. I will pursue this matter with Mr. Case and attempt to determine what, if anything, can be done to return to the 105 degree heading. II. Del Calzo Proposal - Jan Del Calzo reviewed the ideas behind her proposal for a metropolitan tax to encourage the purchase of stage three aircraft. Her two premises were that the people who would stand to benefit would not mind paying for the benefit and that any solution lies at the source of the problem, namely noisy aircraft. Numerous citizens and councilmembers voiced the objections which we discussed on Tuesday. • Commissioner Del Calzo then indicated that she did not anticipate implementation of the proposal but was pleased that it had generated debate and interest in alternatives to the current situation. Incidentally, the indication was that the one-third mill tax would add approximately $5.00 per year to the tax for an $80,000 home. Moreover, it would be limited in effect for approximately five to six years as it would take that long for the tax abatement to run on Minneapolis and St. Paul's dedication of property for the airport. It seems that the cities were never paid for the property and it was determined to abate taxes for this purpose should an airport tax ever be levied. III. Part 150 Study - HNTB, the airport commission's consultant, presented the preliminary data pertinent to the Part 150 Study. I have several concerns in this regard. One of them is that the commission has requested that HNTB examine operations and sound abatement before doing other portions of the study. This is to allow the implementation of their preliminary findings by next summer. My principle concern in this area is that the HNTB people seem convinced that the 180 degree heading procedure will be in effect. If they are going into the study with this assumption, we will have to fight the 180 degree battle all over again. 177 MASAC MEETING SEPTEMBER 4, 1985 This study is important to the airport in that it is a prerequisite to certain types of federal assistance because it points of specific needs. By the next meeting, however, we should forward to Tom Baker the items we want considered in the study along two lines: 1. Possible definitions of environmental capacity. 2. Potential sound abatement procedures that the City would like to see reviewed, i.e., departure paths climbing over the river valley and a strict adherence to the three mile departure corridor in north Eagan. These types of suggestions should be forwarded to Mr. Baker for presentation to the MASAC at the September 24, 1985, meeting. A nis rative Assistant JH/jj • of ea 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 "a PHONE: (612) 454-8100 THOMAS EGAN August 29, 1985 SMITH JERRY THOMAS - THEODORE WACHTER MR RICHARD NADEAU cou ml DGES MN DEPT OF EN & EC DEV CdyATHOMft0fV BUS FIN MGMT DIV EUGENE VAN OVERBEKE 150 KELLOGG BLVD, RM 900 cnvcl� ST PAUL MN 55101 Re: The City of Eagan's Request to Retain An Entitlement Allocation for the Period September 1 to October 31 Dear Mr. Nadeau: 1 In official action that was taken by the Eagan City Council at a special meeting held on Tuesday, August 27, 1985, authorization was given to request that the Minnesota Department of Energy and Economic Development retain $6,750,000 of the City of Eagan's entitlement allocation for the period September 1 to October 31, 1985. $3,260,000 of the City's original entitlement of $10,012,399 is being used by the City of Mendota Heights. The appropriate joint powers agreement and deposit are being delivered by representatives of that city. The City of Eagan expects $5,150,000 of the $6,750,000 to be used by the Cities of Brooklyn Center and Maple Grove. Joint powers agreements will follow. Please consider this letter as a letter of intent to use the entitlement as outlined above. Enclosed is a check in the amount of $67,500 which represents the City of Eagan's 18 application fee that is required by the State of Minnesota to guarantee the entitlement allocation. It is the understanding of the City that allocations retained by the State of Minnesota may be cancelled by the City or issuer until October 31 by submitting a letter to the Department by that date, and a 1% application fee relating to the portion cancelled will be refunded within 30 days. If there are any questions regarding this action, please feel free to contact the office of the City Administrator. Sincerely, Thomas L. Hedges City Administrator Enclosure cc: E.J. VanOverbeke, Director of Finance/City Clerk TLH/kf /79 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Board of Directors association of President metropolitan James A. Scheibel St. Paul municipalities Vice President Robert D. Thistle September 11, 1985 Coon Rapids TO: Mayors Past President Ronald J. Backes Managers/Administrators St. Louis Park (Dakota County AMM Member Cities) Directors FROM: V r eterson, Executive Director Addicks, Jr. Wentor inneapolis RE: AMM Board of Directors Vacancy Gary Bastian Maplewood NOMINATIONS WANTED! Sharon Sayles Belton Minneapolis Please be advised that there is one vacancy. on the Board of Directors due to the resignation of Robert J.Benke Jon Elam, Mound City Manager. (Jon, is now New Brighton Director of Administration at the Metropolitan !Jonathan R. Elam Council). There is only one official (Kevin Mound Frazell, Mendota Heights Administrator) from Dakota County on the AMM Board currently and it WalterFehst is the Board's intent to give preference to City Robbinsdale Officials from Dakota County in filling the Edward Fitzpatrick vacancy. Fridley This vacancy may be filled by either an elected •Kevin Frazell official (Mayor, Councilmember) or an appointed Mendota Heights Official (Manager, Administrator) and it is the James Lacina Boards intent to fill this vacancy on October 3, Woodbury 1985. The Board is soliciting nominations from AMM member cities in Dakota County via this memo James Miller and written nominations should be sent to the AMM Minnetonka office, to the attention of Vern Peterson; by no Patricia Hoyt Neils later than Wednesday, September 25, 1985. Plymouth Please do not hesitate to call me should you have Neil W. Peterson questions! Bloomington Eldon Reinke Shakopee Robert Sundland St. Anthony Leslie C. Turner Edina Maureen Warren St. Paul d 11 Executive Director Vern Peterson 183 university avenue east, st. pauI, min nesota 55101 (612) 227-5600 JDouoe of Rtpreantatibeo Waoington, ig.C. 20515 September 10, 1985 The Honorable Connie Morrison Mayor, City of Burnsville 1313 East Highway 13 Burnsville, Minnesota 55337 Dear Connie: Thanks very much for hand -delivering the League of Minnesota Cities letter of August 29th signed by yourself and a couple of dozen other Mayors within the 3rd Congressional District. I particularly appreciate the extensive effort you exerted to be sure the letter was in my hands prior to my de- parture from Minnesota. I also appreciate the visit of yourself,,Mary Bea to my office yesterday. As we discussed, it now appears that the House Ways and Means Committee will begin to markup the President's tax reform bill in the 4th or 5th week of September. Our Chairman is very anxious to have a bill, and a majority of the Committee has at least some sort of a commitment to try to work out a responsible tax reform bill even though there is no consensus now on what the bill should be. I Nobody knows for sure what the chances for passage of such a bill might be. In addition to the controversial items which you cite, and many more, there remains the larger question of whether our economy can stand fundamental changes in our tax system at a time of less than vigorous growth, or even the more basic question of whether the bill as proposed will actually im- prove, or retard, growth. All of us are working gingerly on this matter. None of us want to be • identified as the slayer of this wonderful animal. Local taxes is such an important element, that it is alleged that its removal or substantial change would kill the bill's chances. I don't subscribe to that theory but it does have some currency so I am obliged to work very carefully on what has come to be known as the "high -tax -state -problem". Your counsel and your support for retaining the state and local tax deduc- tion has already been invaluable. Whatever special information or research you or your school boards or other local organizations can provide in addition will be greatly appreciated as well. Counties, townships, and school boards, who also have a large stake in the outcome, should continue to be active. I look forward to the scheduled meeting on the 24th. I wish I could reply more definitively, but the development of both support and opposition to the bill and many of its elements is at a very tender stage. I will however keep you and your co-signers as closely informed as possible during the next few months as the bill moves, or does not move, through the House. Again, thanks for your special effort in communicating on this matter. �• /�, regards, �b I_ BF:mjn B AL renzel, M.C. copy to all TM18 RTATIONERY PRINTED ON PAPER MADE WRM RECYCLED FIDE" BILL FRENZEL M.iP['r. Cnn(15 -[PSCP TP�RD �I[TPIR. MIP 4[60TA Rmy 3.5 0130 Py", %PFN E 5d " w.V PIXGTOM pFFI[[: p LooylPC Tw., MIPP[SOTP 55431 IDId LCIY' NVYTN BVIEy1MO 613 -B81 -A600 I03-,]SER]1 (Congra.9 of the Uniteb atateo JDouoe of Rtpreantatibeo Waoington, ig.C. 20515 September 10, 1985 The Honorable Connie Morrison Mayor, City of Burnsville 1313 East Highway 13 Burnsville, Minnesota 55337 Dear Connie: Thanks very much for hand -delivering the League of Minnesota Cities letter of August 29th signed by yourself and a couple of dozen other Mayors within the 3rd Congressional District. I particularly appreciate the extensive effort you exerted to be sure the letter was in my hands prior to my de- parture from Minnesota. I also appreciate the visit of yourself,,Mary Bea to my office yesterday. As we discussed, it now appears that the House Ways and Means Committee will begin to markup the President's tax reform bill in the 4th or 5th week of September. Our Chairman is very anxious to have a bill, and a majority of the Committee has at least some sort of a commitment to try to work out a responsible tax reform bill even though there is no consensus now on what the bill should be. I Nobody knows for sure what the chances for passage of such a bill might be. In addition to the controversial items which you cite, and many more, there remains the larger question of whether our economy can stand fundamental changes in our tax system at a time of less than vigorous growth, or even the more basic question of whether the bill as proposed will actually im- prove, or retard, growth. All of us are working gingerly on this matter. None of us want to be • identified as the slayer of this wonderful animal. Local taxes is such an important element, that it is alleged that its removal or substantial change would kill the bill's chances. I don't subscribe to that theory but it does have some currency so I am obliged to work very carefully on what has come to be known as the "high -tax -state -problem". Your counsel and your support for retaining the state and local tax deduc- tion has already been invaluable. Whatever special information or research you or your school boards or other local organizations can provide in addition will be greatly appreciated as well. Counties, townships, and school boards, who also have a large stake in the outcome, should continue to be active. I look forward to the scheduled meeting on the 24th. I wish I could reply more definitively, but the development of both support and opposition to the bill and many of its elements is at a very tender stage. I will however keep you and your co-signers as closely informed as possible during the next few months as the bill moves, or does not move, through the House. Again, thanks for your special effort in communicating on this matter. �• /�, regards, �b I_ BF:mjn B AL renzel, M.C. copy to all TM18 RTATIONERY PRINTED ON PAPER MADE WRM RECYCLED FIDE" 0 RESOLUTION SPEED LIMIT DESIGNATION FOR WESCOTT HILLS DRIVE MN DOT SPEED STUDY REQUEST SEPTEMBER 6, 1985 WHEREAS, Wescott Hills Drive is a local city street south of Yankee Doodle Road 0.5 miles in length; and WHEREAS, Wescott Hills Road is a gravel surfaced rural section roadway not built to accommodate high speed traffic; and WHEREAS, Orvilla Home is an institution for retarded people located on this roadway; and WHEREAS, 119 residents of the community signed a petition to limit the speed on Wescott Hills Drive for the safety of the Arvilla Home residents; NOW, THEREFORE, be it resolved that the City Council of the City of Eagan, Dakota County, hereby requests Mn Dot District 9 to perform a speed study for Wescott Hills Drive. MOTION MADE BY: SECONDED BY: THOSE IN FAVOR: THOSE OPPOSED: .DATE: ATTEST: CITY COUNCIL CITY OF EAGAN By: By: E.J. Van Overbeke, Clerk Beatta Blomquist, Mayor I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council for the City of Eagan, Dakota County, Minnesota, in a City Council meeting thereof assembled this day of September, 1985] B2--